National security law: China’s top legislative body leaves it to Hong Kong leader and relevant panel to decide whether defendant can use foreign lawyer
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China’s top legislative body has left it to Hong Kong’s leader and a relevant committee to decide whether a defendant in a national security trial should be allowed to use a foreign lawyer in a significant interpretation of the city’s Beijing-imposed law.
Instead, it decided the city’s courts would need the approval of the chief executive or the committee on safeguarding national security to allow the participation of foreign lawyers, while also concluding that those without full credentials in Hong Kong might well pose a risk to national security in relevant cases.
Subsequent decisions by the chief executive or committee could not be open to judicial challenges, Beijing also ruled.
Welcoming the decision in a late-night press conference, Chief Executive John Lee Ka-chiu said Beijing had clarified that Hong Kong’s courts would have to obtain certification from him on whether cases involved national security interests, as stipulated under Article 47 of the law, or approval from the safeguarding committee under another provision.
“The interpretation of Article 47 does not create extra power for the chief executive in such certification,” said Lee, who also chairs the safeguarding committee.
Lee brought up the possible need to amend the Legal Practitioners Ordinance in light of the NPC ruling but stressed it would not affect foreign lawyers handling cases unrelated to national security.