Beijing’s interpretation of Hong Kong national security law likely to be a one-off, sources say
- Sources say city’s leader and national security committee already have sufficient power to resolve disputes over use of foreign lawyers in sensitive cases
- But some experts warn Beijing’s ruling could affect perceptions of Hong Kong’s rule of law
Beijing is unlikely to interpret Hong Kong’s national security law again after its unprecedented intervention to end the foreign lawyer controversy triggered by media mogul Jimmy Lai Chee-ying, the Post has learned.
Sources earlier told the Post the city’s leader and oversight body the Committee for Safeguarding National Security had already been given enough power to resolve any future disputes.
But some legal experts warned the unchallengeable decision by China’s top legislative body could still have repercussions for the city’s implementation of the rule of law, as the ruling could be seen as an avenue for the local government to “dictate outcomes on critical issues before the court”.
The way the National People’s Congress (NPC) Standing Committee interpreted the security law on Friday caught some by surprise, as it left it to Hong Kong to decide whether a defendant in trials that involved national security should be allowed to use a foreign lawyer, rather than handing down an outright ban.
An insider from mainland China explained that the standing committee’s definition of two clauses of the Beijing-imposed law – Article 14 and 47 – was the middle-ground solution in an attempt to avoid the creation of negative perceptions of Hong Kong’s judicial independence that could arise from a heavy-handed resolution.