Next Media founder Jimmy Lai and Apple Daily's 3 related companies are accused of violating the Hong Kong National Security Law. Also known as: Tim Owen) represented him at the trial, but the Department of Justice raised strong objections and appealed repeatedly, arguing that cases involving national security should not be represented by overseas lawyers.
After the Court of Appeal refused to grant permission to the Department of Justice to appeal to the Court of Final Appeal earlier, the Department of Justice filed an application directly to the Court of Final Appeal today (25th). Tim Owen attended the Court of Final Appeal in person today.
Chief Justice Zhang Juneng, Permanent Judges Li Yi and Huo Zhaogang listened to the lawyer's statement. After adjourning for a short period of discussion, they decided to postpone the written decision until next Monday.
The defendant Li Zhiying (74 years old), together with Apple Daily Co., Ltd., Apple Daily Printing Co., Ltd. and Apple Daily Internet Co., Ltd., was charged with one count of conspiracy to publish seditious publications and one count of conspiracy to collude with foreign forces.
Li was separately charged with two counts of conspiring with Chen Zihua, Mark Simon, Li Yuxuan and others to collude with foreign forces.
The case has been scheduled to start in the High Court on December 1.
The Department of Justice submitted to the Court of Appeal earlier that the Hong Kong National Security Law is to prevent external forces from interfering in Hong Kong affairs. on behalf of Li.
However, the Court of Appeal believes that the Department of Justice has been applying on the grounds that there is no jury trial in this case, not on the grounds of protecting state secrets, and there is no evidence that Tim Owen may violate the confidentiality requirements of Article 63 of the Hong Kong National Security Law. Therefore, the application of the Department of Justice was rejected.
The prosecution is now represented by the former Secretary of Justice, Senior Counsel Yuan Guoqiang, and Li Zhiying is represented by Senior Counsel Peng Yaohong.
Yuan reiterated in his statement that Tim Owen has no experience in dealing with the Hong Kong National Security Law and crimes endangering national security in Hong Kong, so he cannot make a significant contribution to the case.
However, Judge Zhang Juneng pointed out that the Court of First Instance and the Court of Appeal of the High Court have taken into account the routine criteria for the application of overseas barristers, indicating that overseas barristers should join the case, which will help the development of the jurisprudence of the Hong Kong National Security Law.
Judge Li Yi also pointed out that Yuan's statement intends to completely prohibit the employment of overseas barristers in national security law cases, but did not elaborate on which situations need to be specially dealt with.
Case number: FAMV 591/2022
Li Zhiying's process of hiring Tim Owen, Queen's Counsel of the United Kingdom.
(See the picture below for details)
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