Editorial | Clear way forward for Hong Kong to handle national security cases
- The Standing Committee of the National People’s Congress has decided that when it comes to legal representation by overseas lawyers, the decision on whether to allow this rests with the city’s leader and the local body responsible for safeguarding the country
Trials related to national security are something new to Hong Kong. Amid doubts over the application of the new statute introduced in 2020, the country’s top legislature has further explained two key clauses that affirm the roles of the city leader and the Committee for Safeguarding National Security in handling such cases. The outcome should be respected and has provided clarity on the way forward.
At issue is whether lawyers registered in other jurisdictions can handle national security cases here. The National People’s Congress Standing Committee stopped short of imposing a total ban, but pointed to articles 14 and 47 in the local national security law for the city to deal with the matter on its own. The courts, it said, would need approval from the chief executive or the committee to allow the participation of foreign lawyers.
The interpretation that leaves national security issues in the hands of the city leader and the committee is in line with the governance model of “one country, two systems”.
Chief Executive John Lee Ka-chiu stressed his powers had not been expanded as a result, referring to the articles stipulating that the courts shall ask the city’s leader to certify whether an act involves national security or state secrets when such questions arise in the adjudication of a case; and that the committee’s work is not open to the public and cannot be challenged through judicial reviews.
In response, the judiciary said it respected the lawful exercise of power by the Standing Committee to make legally binding interpretations regarding the city’s performance of its duties in safeguarding national security.