Jimmy Lai, the founder of Next Media, was accused of collusion with foreign forces under the "Hong Kong National Security Law". The judgment will be issued tomorrow (28th).
Tam Yaozong, member of the Standing Committee of the National People's Congress, stated earlier that it is "absolutely inappropriate and absolutely inappropriate" to hire overseas barristers for national security cases, which violates the original intention of the Standing Committee of the National People's Congress on the Hong Kong National Security Law. Interpreted and adjusted by the Standing Committee of the National People's Congress.
The convener of the Executive Council, Ye Liu Shuyi, posted on the social network last night, analyzing the reasoning of the Department of Justice, pointing out that the incident has not only involved legal issues, but constitutional issues. The Standing Committee does not rule out interpretation.
Refers to ordinary lawyers and the "National Security Law" are two different things
Yip Liu quoted the former Secretary for Justice and Senior Counsel Yuen Kwok-keung, who represented the government, as saying that the "Hong Kong National Security Law" is a law passed by the Standing Committee of the People's Congress of the People's Republic of China and belongs to the law of the People's Republic of China.
She analyzed: "China is a country that implements "Continental Law" rather than "Common Law". The basic principle of "one country, two systems".
"Since the "Hong Kong National Security Law" is a regulation passed by the central government under the "Continental Law" system, if it is appropriate for a common law lawyer to come to Hong Kong to practice and represent the defense in court? I have every reason to believe that this Not appropriate. No matter how good Tim Owen is at "common law" or "criminal law", he is always a "common law" lawyer, and "National Security Law" is a different matter."
She continued that Tim Owen is not Chinese and does not understand the importance of maintaining China's national security.
"National security is overriding. If, according to the principles of the Common Law, it is not appropriate for Tim Owen to come to Hong Kong to practice as Lai Zhiying's defense lawyer, this case involves national security. This is the second argument put forward by Yuen Kwok-keung."
▼British Queen's Counsel Tim Owen appeared in court earlier.
(See the picture below for details)▼
Ye Liu believes that the arguments put forward by Yuan Guoqiang are very reasonable, and he also understands why the Department of Justice has to use four senior attorneys to argue for this legal point of view.
"Because the judgment in the Jimmy Lai case will set a precedent, the ultimate principle is to try criminal cases involving national security, can it be represented by a lawyer who is not of Chinese nationality but purely familiar with the Common Law or the European Law of Human Rights? This is an extremely important principle.”
She also pointed out that if the judge of the Court of Final Appeal made a ruling on Monday to allow Tim Owen to represent Li Zhiying in court to defend, "I believe that the Standing Committee of the National People's Congress will not rule out the interpretation of the law to solve this problem, so that in the future, all cases involving national security , Foreign lawyers who do not understand the "National Security Law" and "Continental Law" and do not understand the importance of national security must not come to Hong Kong to defend the "Hong Kong National Security Law" case."
Executive Council Convenor Ip Lau Suk-yee.
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Li Zhiying’s appointment of Yingying’s petition︱Warning before the judgment to explain the law Tang Jiahua: It is easy to misunderstand and put pressure on the court. Li Pinying’s appeal against Tim Owen appeared at the Final Court on Monday for a ruling
