Editorial | Changes must clarify foreign lawyers’ role in Hong Kong after public debate
- Core features of Hong Kong’s legal system will also have to be upheld by amendments regarding who can take part in national security law cases
A ban on lawyers from overseas working on national security cases was not, as many had expected, imposed by China’s top legislature last month.
Instead, the interpretation of the national security law left the decision to authorities in Hong Kong. The issue is now to be settled through changes to the city’s legislation.
There is no doubt that restrictions will be imposed, but the form and extent of those limitations remain open to debate.
Secretary for Justice Paul Lam Ting-kwok says the changes to the Legal Practitioners Ordinance will be made in the first six months of this year. Lam promised to listen to “constructive views” from lawyers and the wider public to “harness the collective wisdom”.
This is welcome. The interpretation pointed to powers enjoyed by the chief executive and a top-level national security committee, but it is not clear how these powers will be used. The changes to legislation should provide clarity.
Some pro-establishment figures have called for a blanket ban on lawyers without Hong Kong qualifications working on security cases. This would have the advantage of being clear-cut and easy to implement. But it is not necessarily in the best interests of the city’s legal system and its international reputation.