The Court of Final Appeal rejected the Department of Justice’s application for permission to appeal against Next Media’s founder Jimmy Lai’s overseas appeal, which means that in the country’s security law case, Jimmy Lai was allowed to represent Tim Owen, Queen’s Counsel of the United Kingdom, and the Department of Justice eventually lost the case.
Chief Executive Li Jiachao met with reporters at the government headquarters in the afternoon and said that he would submit the National Security Law to the National People's Congress for interpretation.
Li Jiachao pointed out that yesterday he received a letter from the Central People's Government in accordance with Article 11 of the National Security Law, submitting a report to the central government on the performance of relevant duties by the SAR since the implementation of the National Security Law, and he held a meeting on this.
He issued a statement as the chief executive and chairman of the National Security Council, stating that the SAR government has the responsibility to safeguard national security, and the SAR government has a clear and firm position on safeguarding national security, sovereignty, and development interests.
Li Jiachao said that he will sort out the relevant situation and submit a report to the central government. He will also explain the Li Zhiying case and submit the case to the Standing Committee of the National People's Congress to interpret the National Security Law.
He said that the potential occurrence in the early stages of national security, such as collusion with foreign forces, may also occur in foreign countries, so we must be more vigilant.
He also said that foreign countries hold a hostile attitude towards the National Security Law and put pressure on the business and legal circles, so they must be vigilant.
As for the defendant's right to choose a lawyer, Li Jiachao said that he is a qualified lawyer who is qualified to practice in Hong Kong, not an overseas lawyer who is not qualified to practice in Hong Kong.
The Department of Justice put forward a new point of view when he appealed to the Court of Final Appeal. Li Jiachao said that the lawyers' department had made the best efforts and had fully presented the reasons. He respected the court's decision.
Li Jiachao said that this incident has a far-reaching impact, so a clarification needs to be made.
As for the confidentiality regulations, Li Jiachao pointed out that there is no way to eliminate the risk, so he has to raise it.
As for overseas judges, Li Jiachao said that judges are qualified to review and recommend, and judges who hear the National Security Law have a designated judge system, so they should not be confused with this incident.
Li Jiachao.
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Li Zhiying's case has been scheduled for trial this Thursday (December 1). The High Court earlier approved Li's appointment of Queen's Counsel Timothy Wynn Owen (also known as: Tim Owen) from the United Kingdom to defend him on his behalf. Yiying was not familiar with the background of the National Security Law and opposed his coming to Hong Kong. However, the Court of First Instance and the Court of Appeal of the High Court successively lost the case. 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.
Chief Justice Zhang Juneng, Permanent Judges Li Yi and Fok Zhaogang pointed out in written judgments that according to the principles established in previous cases, if the appellant raises new arguments that have not been discussed in the Court of First Instance and the Court of Appeal in the final appeal, it should not Grant leave to appeal.
In this case, the Attorney General decided not to grant leave to appeal despite the apparent importance of the new argument, when the Attorney General changed his argument, raising an unarticulated and unsubstantiated argument when applying for final leave to appeal, and therefore It was ruled that the Attorney General had failed to establish a basis for granting leave to appeal and the application was dismissed.
Jimmy Lai's appointment of Ying Yu's case︱The Department of Justice finally lost the lawsuit and Tam Yaozong was disappointed: the National People's Congress must correct the Jimmy Lai case︱Leung Mei-fen: We should treat the interpretation of the law with a normal heart and a learning attitude, not political eyes. Appeal to Tim Owen fails for leave to appeal
