Hong Kong’s top court yesterday upheld a ruling to let a veteran British lawyer defend a 74-year-old pro-democracy publisher at his national security trial this week, despite fierce opposition from the pro-Beijing camp.
Jimmy Lai (黎智英), the founder of the now-defunct Apple Daily and one of the most prominent figures in the territory’s pro-democracy movement, was arrested after Beijing imposed a tough National Security Law to crack down on dissent following widespread protests in 2019.
He faces collusion charges and a maximum penalty of life imprisonment. His trial is expected to begin on Thursday.
While the Hong Kong secretary for justice was appealing the decision, pro-Beijing politicians and newspapers also voiced objections over the past few days. Tam Yiu-chung (譚耀宗), Hong Kong’s sole delegate to the National People’s Congress Standing Committee, on Saturday warned that the body would need to “interpret” the law — a move that could effectively pre-empt the court judgement — if the situation remained unchanged.
In a closely watched judgement yesterday, the top court ruled that the secretary had raised “undefined and unsubstantiated issues said to involve national security” that were not mentioned or explored in the lower courts.
“No appropriate basis has been made out for the grant of leave to appeal,” the judges said.
Hong Kong, a former British colony that returned to China in 1997, uses the same common law jurisdiction as the UK. Apart from having overseas judges in Hong Kong’s courts, lawyers from other common law jurisdictions can work within the territory’s legal system, especially when their expertise is needed for some cases.
The lawyer involved in Lai’s case was Timothy Owen, a London-based legal veteran who specializes in criminal and human rights law.
Owen, of Matrix Chambers, appeared in previous Hong Kong’s high-profile cases. He represented British banker Rurik Jutting, who was convicted for murdering two women, and a police officer who appealed his conviction for assaulting a pro-democracy activist during 2014 protests.
Last month, the lower court granted the approval for him to represent Lai, saying it was in the public interest to have an eminent overseas specialist like Owen involved at the trial.
However, the secretary of justice insisted on his objections, despite other judges rejecting his bids to overturn that ruling. He suggested a blanket ban on overseas lawyers involved in national security cases unless under exceptional circumstances.
Lai is already serving a 20-month prison sentence for his role in unauthorized assemblies. He is also expecting a sentencing over his fraud conviction next month.
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