Fair trials at risk, argue legislators
Legislators yesterday criticised government plans to allow closed-door court hearings when appeals are brought by members of organisations banned under proposed national security laws.
During a Legislative Council bills committee scrutinising the legislation, Secretary for Security Regina Ip Lau Suk-yee said that a panel of lawyers would be established to represent appellants when a hearing was held in their absence.
Mrs Ip said the aim was to prevent the disclosure of confidential information that could endanger national security.
In the draft amendment to the Societies Ordinance, part of the process of enacting Article 23 of the Basic Law, the secretary for security can ban an organisation on national security grounds. Aggrieved parties can appeal to the Court of First Instance within 30 days.
The proposal prompted fierce criticism from lawmakers, who said it could deprive people of a fair trial. There were also doubts about what the criteria the government would adopt when choosing the lawyers to sit on the panel.
Independent legislator Audrey Eu Yuet-mee felt the government would be splitting lawyers into two camps, with only a select group being able to represent appellants in their absence.
She said there had always been ways to prevent the disclosure of harmful information during court proceedings, such as when police undercover agents had to appear, so there was no need for a special appeal mechanism.
Democratic Party legislator Albert Ho Chun-yan said the lawyers would be unable to represent their clients since they could not take instructions from them.
The solicitor-general, Bob Allcock, said lawyers would have to pass security checks before they could sit on the panel.
He insisted the new appeal system was an improvement on the existing judicial review mechanism because the court would be concerned only with the merits of a particular decision.
'Most human rights guarantees are subject to restrictions, and one of the restrictions is the interest of national security,' Mr Allcock said.
Mrs Ip said the proposed amendments would be tabled to the bills committee this week.
Meanwhile, more than 30 students from the Hong Kong Federation of Students marched to the Joint Liaison Office in Sheung Wan yesterday demanding the vindication of the June 4 massacre and protesting at the government rushing through Article 23 legislation.
