ExplainerNational security law: how a ruling from Beijing on use of overseas lawyers in sensitive court cases could affect Hong Kong’s legal system
- Legal experts outline implications for city’s legal system after Beijing said chief executive and committee could decide on use of overseas lawyers
- Supporters maintain mainland China showed it wanted to minimise impact; some say it gives government ‘carte blanche’
China’s top legislative body on Friday issued an interpretation of the national security law for the first time since it was imposed on Hong Kong two years ago and offered a way to end controversy triggered by media mogul Jimmy Lai Chee-ying’s bid to hire a foreign barrister to defend him on a charge of collusion with foreign forces.
Instead of handing down an outright ban on foreign lawyers in trials concerning the state’s interest as was expected, Beijing ruled the matter could be left to the city’s leader and a committee to decide.
Pro-establishment figures argued the ruling showed Beijing’s wishes to minimise the impact brought to the city’s judicial system, but some legal academics warned that it was no different from giving the government carte blanche to dictate terms.
Here is what you need to know about the ruling and what implications it has for the city’s legal system.
1. What clauses did Beijing interpret?
The National People’s Congress (NPC) Standing Committee on Friday highlighted Article 47 of the national security law, which rules that the court should obtain a certificate from the chief executive to verify whether an act involved national security or whether the evidence featured state secrets when such questions arose in the adjudication of a case.