Hong Kong national security law: Beijing may identify pool of lawyers to handle cases after leader requests interpretation of legislation
- Mainland Chinese official source notes National People’s Congress Standing Committee has power to interpret law beyond what is requested
- City leader John Lee turned to central government after top court upheld right of media tycoon Jimmy Lai to retain overseas counsel in national security case
Beijing may consider the option of identifying a group of designated lawyers to handle national security cases in Hong Kong, going beyond the local government’s request for China’s top legislative body to shut out overseas counsel unless they are based in the city, according to sources.
“The Hong Kong government can make its recommendation, but the National People’s Congress [NPC] Standing Committee has the power to make a final decision, which can be different from the recommendation, based on its own deliberations and national interest,” an official source from mainland China told the Post on Tuesday.
“We are determined to make the intent of Hong Kong’s national security law as clear as possible so that there will be fewer problems handling national security cases going forward.”
The source said the interpretation was expected to focus on Chapter 4 covering case procedures, but declined to name the specific clauses that could be amended.
The Beijing-imposed law only requires cases be heard by a pool of designated judges hand-picked by the city’s leader, and no restrictions are made on the types of lawyers who can represent defendants.
The city leader asked the central government to intervene after the Court of Final Appeal rejected arguments by the Department of Justice that British King’s Counsel Timothy Owen not be allowed to defend Lai against charges of foreign collusion and sedition, which could land the tycoon in jail for life.