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Jimmy Lai's Employment Proposal︱Tang Jiahua: Overseas barristers have no way to follow up if they leave Hong Kong after completing the case

2022-11-29T02:45:17.070Z


Next Media Li Zhiying hired foreign barrister Tim Owen in a case involving the "National Security Law". The Department of Justice appealed this, and the High Court rejected it yesterday afternoon (28th). Chief Executive Li Jiachao immediately made a statement last night (28th)


Next Media Li Zhiying hired foreign barrister Tim Owen in a case involving the "National Security Law". The Department of Justice appealed this, and the High Court rejected it yesterday afternoon (28th).

Chief Executive Li Jiachao immediately issued a statement last night (28th), pointing out that he will submit a request for legal interpretation to the National People's Congress.


Member of the Executive Council and senior barrister Tang Jiahua accepted a radio interview this morning (29th), saying that the "National Security Law" is a national law, and believes that the Standing Committee of the National People's Congress has the power to interpret the law and supplement the legal content.


He also took British Queen's Counsel David Perry as an example, saying that he had been employed by the Department of Justice, but David Perry said that under pressure from the United Kingdom, the Department of Justice finally decided to change. Evidence suggests Tim Owen will not face the same situation.


Tang: It is hard to guarantee that foreign nationals can withstand the pressure

Tang Jiahua said that this interpretation involves the "National Security Law" for the first time, which belongs to the legislative level, not the interpretation of constitutional documents.

He also pointed out: "The Standing Committee of the National People's Congress has the right to interpret legislation, and the Court of Final Appeal exercises the jurisdiction of Hong Kong. The exercise of the two powers must cooperate with each other and should not be confused. The Standing Committee of the National People's Congress should not be regarded as an appellate court other than the Court of Final Appeal."

He also pointed out that Li Jiachao's statement emphasized that the interpretation of the law is aimed at overseas lawyers who do not have full qualifications to practice in Hong Kong, not all foreign lawyers, and all local practicing lawyers belong to the "Law Society of Hong Kong" or the "Hong Kong Bar Association". Members, if a lawyer does not meet the national security requirements, the two professional organizations can investigate and punish the lawyer involved, which has enough deterrent effect. In addition, Hong Kong lawyers and judges have been strictly trained and appointed, and they have "absolute confidence" in their practice procedures. On the contrary, "If it is a lawyer from outside, he does not belong to these two groups. After finishing the case, he goes back to the UK. How to follow up, even investigate and punish him? So be careful, Understandable."

Tang Jiahua mentioned that the Department of Justice had hired British Queen's Counsel David Perry to come to Hong Kong as a prosecutor when handling other cases of Jimmy Lai in the past, but David Perry was criticized by the British government for painting Hong Kong's work, pointing out that "the UK is not the first time to influence In Hong Kong, the Queen’s Counsel has integrity problems and cannot withstand the pressure.” It is difficult to ensure that foreign lawyers will still act responsible for national security in the face of hostility with China.

Tin Owen does not meet the principle of hiring overseas lawyers

Tang Jiahua pointed out that when hiring overseas lawyers, two principles must be considered, namely, foreign lawyers have expertise that Hong Kong lawyers lack, and they have in-depth research on related litigation.

However, Tang Jiahua believes that since the return of Hong Kong, there have been many judicial review cases, and there is no shortage of experts in human rights law, and Tim Owen has not advertised himself as an expert in criminal law; in addition, he also pointed out that the judgments and judgments of global cases can be viewed online , even law students can in-depth study of cases in different fields to accumulate knowledge, "I really find it difficult to agree that there are no human rights lawyers in Hong Kong."

It is generally accepted that there are "special arrangements" for national security law cases

He emphasized that the "National Security Law" is a preventive law and cannot be remedied when the country is harmed.

He noticed that citizens in other countries generally accept that the government has "special arrangements" in handling the National Security Law. For example, when cases involving state secrets are involved, the government can appoint defense lawyers: "The defendant still has a choice. There is no evidence that state-provided counsel disregards the interests of defendants in any of these options."

Lai Zhiying's employment certificate︱Lee Jiachao has submitted a report to the central government to formally submit the interpretation of the law It is affirmed that the chief executive proposed to interpret the law to maintain national security. Jimmy Lai's appointment of the imperial court is necessary︱Li Jiachao: The national security law was submitted to the National People's Congress for interpretation and applied for adjournment of the trial of Li Zhiying's appointment of the imperial court︱The Department of Justice finally lost the lawsuit.

Source: hk1

All news articles on 2022-11-29

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