November 30, 2022
HONG KONG – The city’s judiciary said it respects the government’s request for an interpretation of the National Security Law for Hong Kong, to determine whether the hiring of an overseas lawyer in a national security case is in line with the legislative intent and objectives of the law.
The request asked the Standing Committee of the National People’s Congress to ascertain whether an overseas solicitor or barrister who is not qualified to “practice generally” in Hong Kong can participate in cases concerning an offense endangering national security
The request, made by Hong Kong Chief Executive John Lee Ka-chiu on Monday in accordance with Article 65 of the NSL, asked the Standing Committee of the National People’s Congress (NPCSC) to ascertain whether an overseas solicitor or barrister who is not qualified to “practice generally” in Hong Kong can participate in cases concerning an offense endangering national security.
At the center of the heated discussion is Monday’s ruling by the city’s top court to allow Jimmy Lai Chee-ying, founder of the now-defunct Apple Daily newspaper, to have a British lawyer defend him in his upcoming trial. Lai is set to stand trial for four charges on Thursday, including collusion with foreign forces to endanger national security.
The Department of Justice on Tuesday is expected to apply for a delay in Lai’s trial until the NPCSC’s interpretation.
In response to media queries late Monday night, the Judiciary noted that the power of interpretation of this law is vested in the NCSC, according to Article 65 of the National Security Law.
The Judiciary spokesman added that the National Security Law has an overriding effect on the local laws of the Hong Kong Special Administrative Region as Article 62 stipulates that the NSL shall prevail where provisions of the HKSAR laws are inconsistent with the law.