Li Zhiying, the founder of Next Media, was accused of violating the "Hong Kong National Security Law" and the case involving collusion with foreign forces has been scheduled for trial this Thursday (December 1). The High Court earlier approved Li Cong The UK hired Queen’s Counsel Timothy Wynn Owen (also known as: Tim Owen) to defend him on his behalf. However, the Attorney General initially objected to his coming to Hong Kong on the grounds that he was not familiar with the background of the National Security Law. However, he was rejected by the Court of First Instance and the Court of Appeal The court lost the case, and the Department of Justice filed a final appeal directly to the Court of Final Appeal last week, pointing out that the case involves state secrets and it is not appropriate to use overseas lawyers.
The defense argued that this was a new point of view and violated customary legal principles.
The Court of Final Appeal this afternoon (28th) rejected the appeal of the Department of Justice to the Court of Final Appeal.
Li was charged with 3 counts of violating the national security law
Li Zhiying (74 years old) and Apple Daily Co., Ltd., Apple Daily Printing Co., Ltd. and Apple Daily Internet Co., Ltd. were each charged with one count of conspiracy to publish seditious publications and 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.
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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Department of Justice says overseas lawyers are not familiar with national security law background
When Li Zhiying applied to the High Court to hire Tim Owen earlier, the Department of Justice had already raised objections, and pointed out that overseas lawyers may not understand Hong Kong's social politics and constitutional background, and lack relevant experience, but the first judge of the High Court, Pan Zhaochu, and the Court of Appeal pointed out that, Lai's case will involve complex legal disputes such as press freedom and human rights. He believes that Tim Owen's experience can help the court, so he is allowed to defend Lai on behalf of Lai and the Department of Justice is ruled against.
The Court of Final Appeal for permission to raise state secrets for the first time
After the Department of Justice was ruled to lose the case, it applied to the Court of Appeal for permission to appeal to the Final Court, and mentioned for the first time that the National Security Law involves state secrets. Once the overseas lawyers involved in the case leave Hong Kong, it will be difficult to regulate, and overseas legal representatives are allowed to come to Hong Kong to defend , which violates the legislative intent of the National Security Law to prevent external forces from interfering in Hong Kong affairs.
The Court of Appeal believed that Lai's case did not involve any state secrets, and there was no basis for accusing Tim Owen of violating confidentiality requirements, so it refused to grant leave to appeal.
Think that the national security law needs to be paralleled under the local legal framework
In the end, the Department of Justice directly applied to the Final Court and made a statement to the judge of the Final Court last Friday, pointing out that the national security law has its own uniqueness, which cannot be compared with the expertise of overseas lawyers, and it is impossible to see that Tim Owen can make a significant contribution.
They also believe that the national security law needs to be paralleled within the local legal framework, and legal representatives must fully understand the two laws, otherwise their statements may be "counterproductive."
The defense argues that long-established legal principles should not be abandoned
However, the lawyer representing Lai retorted that according to the principles laid down in the Flywin case, the Department of Justice should not put forward new arguments at the current stage of appeal, and the court should not abandon long-established legal principles just because it involves the National Security Law. Coupled with the provisions of the National Security Law to protect the freedoms granted by international conventions, Tim Owen has extensive experience in these areas and believes that he can bring assistance to the court.
Case number: FAMV 591/2022
Li Zhiying case｜The prosecution pointed out that Li Pinying's court case Tim Owen was helpless Court of Appeal Letters Overseas Representatives Can Help Handle National Security Law Controversies Violating National Security Law High Court Approves Jimmy Lai's Employment of Queen's Counsel Tim Owen to Defend Jimmy Lai's Employment of British Imperial Court Ying Yuju︱Ye Liu: The national security law is a continental law system, and ordinary lawyers may not understand Xu Fansheng｜The Li Zhiying case is a test of the Hong Kong judicial system The court put pressure on Jimmy Lai to hire the imperial court︱Tam Yaozong: Violating the original intention of the National People's Congress legislation, if it does not change, only the interpretation of the law
