Hong Kong leader asks Beijing to interpret national security law after top court rules UK barrister can defend Jimmy Lai
- Chief judge of the High Court had earlier approved barrister Timothy Owen’s participation in light of ‘clear’ public interest
- Jimmy Lai, 74, is set to go on trial before panel of three High Court judges on Thursday
The State Council’s Hong Kong and Macau Affairs Office also weighed in on the ruling on Monday, saying the court decision had violated “the legislative spirit and legal logic” of the national security law. Beijing’s national security office in the city also backed Lee’s move.
Hours after the ruling by the Court of Final Appeal, Chief Executive John Lee Ka-chiu said the secretary for justice would seek an adjournment of Lai’s national security trial, which is set to begin on Thursday.
He said he would recommend the standing committee of the National People’s Congress interpret the national security law, based on its legislative intent and purpose, to decide whether solicitors or barristers who did not practise generally in Hong Kong should be allowed to argue cases concerning national interest.
“At present, there is no effective means to ensure that a counsel from overseas will not have a conflict of interest because of his nationality,” Lee said. “There is also no means to ensure that he has not been coerced, compromised or in any way controlled by foreign governments, associations or persons.”
Lee said foreign officials had openly interfered with professionals from the legal and commercial sectors in the past. While he did not name anyone, David Perry, KC, decided against leading the prosecution of nine activists over an illegal protest, after facing political pressure at home in 2021.
“Foreign countries and foreign forces are hostile to the implementation of the national security law in Hong Kong,” the city leader added. “As external interference continues, we need to be more alert to national security risks.”