Are foreign judges banned from trying national security cases? Lin Dingguo: It is a special arrangement to be "designated" by the Chief Executive

Li Zhiying was approved by the court to hire British Queen's Counsel Tim Owen to defend, triggering the dispute over whether foreign barristers can participate in the "National Security Law" case. The Department of Justice has appealed to the Final Court.

Tan Yaozong, member of the Standing Committee of the National People's Congress, has repeatedly warned that the involvement of foreign nationals in national security cases is against the original intention of the Standing Committee of the National People's Congress. possible involvement in these cases.

So judges who meet these two conditions cannot become "designated judges" and are prohibited from hearing national security cases?

Before the Final Court heard the Department of Justice's permission to appeal on Friday (25th), member of the Basic Law Committee Leung Mei-fen said that foreign judges should also not be allowed to participate in the "National Security Law" cases because there are issues of national allegiance and conflict of interest. Chance interpretation.

However, the Secretary for Justice, Lam Ting-kwok, said in an exclusive interview with the TV station that the restriction on the nationality of judges depends on the Basic Law, and the Basic Law only requires the nationality or right of residence of the two chief judges of the Court of Finals and the High Court, but not other levels. limit.

As for national security cases, the law stipulates that the chief executive should "designate" which of the current judges can be tried, which is described as "special arrangements have been made."

Tan Yaozong: Anyone who does not know Chinese or is a foreigner should not participate in national security cases

Leung Mei-fen, a member of the Basic Law Committee and member of the Democratic League Legislative Council, said the day before yesterday (24th) that foreign lawyers should not be allowed to participate in Hong Kong National Security Law cases, and foreign judges should also be prohibited. If the country benefits, there is a conflict of national interests. "Which one is loyal to any foreigner?" She emphasized that the "National Security Law" of any country is to protect the interests of sovereign countries. If there is any unclear implementation, It is not ruled out that the Standing Committee of the National People's Congress has the opportunity to interpret the law.

After attending an event today (26th), Tam Yaozong also stated that the "Hong Kong National Security Law" was enacted in Chinese, and the English version is for reference only. to debate.

It seems to imply that both parties to the litigation and even the judges and other participants must not be foreigners.

The chief judges of the Court of Final Appeal and the High Court of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents of the Hong Kong Special Administrative Region who have no right of abode abroad.

Article 90 of the Basic Law

The Secretary for Justice, Lam Ting-kwok, said in an interview with a TV station today (26th) that the Basic Law only specified restrictions on the nationality or residency of the two chief judges of the Court of Finals and the High Court, while the rest of the judges at all levels have no relevant restrictions.

However, he also mentioned that the judges who can handle national security cases are "designated" by the chief executive, "it is already a special arrangement", in other words, they can be selected by the chief executive.

Lin Dingguo.

(Photo by Xia Jialang)

Zha Xiwo: Language is only a technical issue, and the National Security Law has an English translation

After checking the data, at least 27 judges have been confirmed as "designated judges" since the implementation of the "Hong Kong National Security Law", or have tried national security cases, that is, at least they were "designated judges" at the time, including permanent judge Li Yi and Huo Zhaogang, and High Court Judge Li Sulan.

"Hong Kong 01" is inquiring about the list and requirements of the designated judges from the Chief Executive's Office and the Judiciary, and whether the requirements for nationality and language ability are included.

However, Tang Jiahua, a member of the Executive Council and a senior counsel, said in an inquiry by "Hong Kong 01" that Hong Kong laws emphasize bilingualism and have translations.

Barrister Zha Xiwo pointed out that although the "Hong Kong National Security Law" is a law enacted by the Standing Committee of the National People's Congress, it still follows the principles of common law. He believes that foreign lawyers and judges are refused to participate in the Insufficient justification.

He believes that the language problem is just a technical problem, which can be solved through translation. The government has also published an English version of the "Hong Kong National Security Law": "The government's English version is written in a messy way? No way."

However, Article 44 of the National Security Law of the Hong Kong Area has only one express requirement regarding the chief executive's designation of judges, which is "no words or deeds that endanger national security."

The Chief Executive of the Hong Kong Special Administrative Region shall designate a number of judges from among the magistrates, judges of the District Court, judges of the Court of First Instance of the High Court, judges of the Court of Appeal, and judges of the Court of Final Appeal, and may also designate a number of judges from temporary or special committee judges to be responsible for Handling cases of crimes endangering national security... Anyone who speaks or does things that endanger national security shall not be appointed as a judge to hear cases of crimes endangering national security.

During the period of appointment as a designated judge, if there are words or deeds that endanger national security, their qualifications as designated judges will be terminated.

Article 44 of the Hong Kong National Security Law

Li Zhiying Case｜Tan Yaozong: Hiring overseas lawyers violates the original intention of the National Security Law If there is no change, only the interpretation of the Li Zhiying case｜The prosecution appealed against Li Pinying’s imperial plea. Tim Owen appeared in the Court of Finals on Monday and ruled that Li Zhiying’s fraud in the Science and Technology Park case.