Chief Executive Lee Ka-chao proposed to the Standing Committee of the National People's Congress for an interpretation of the law regarding the hiring of overseas lawyers in the Jimmy Lai case, requesting clarification on whether overseas lawyers or barristers who do not have full local professional qualifications can participate in handling crimes endangering national security.
The chairman of the Bar Association, Du Gankun, said today (29th) that Article 65 of the Hong Kong National Security Law stipulates that the Standing Committee of the National People's Congress has the right to interpret, and the exercise of the power of interpretation will inevitably lead to criticism of Hong Kong's legal system. If the provisions of the newly enacted laws are still unclear, I hope that the Hong Kong courts can clarify them in the future, emphasizing that the power of the National People's Congress to interpret laws should be exercised cautiously.
Du Gankun pointed out that this request for interpretation of the law is handled according to the existing mechanism, which is the same as in the past, and he does not believe that the incident will damage the independence of the judiciary in Hong Kong.
He said that Hong Kong has enough talents to handle the "National Security Law" cases, and he does not think it will damage the defendant's right to hire a lawyer.
When asked whether this proposal to the National People's Congress for interpretation is a disguised form of legislation, he said that it is impossible to predict how the National People's Congress will interpret the law, and he should pay attention to the impact of practice on Hong Kong.
Interpretation in disguised form of legislation?
Du Gankun: It depends on the actual situation
When asked about the "National Security Law" which does not explicitly mention overseas lawyers, whether this interpretation is a disguised legislation, Du Gankun pointed out that it is impossible to guess how the National People's Congress interprets the law. In the future, we should pay attention to the content of the interpretation and the impact of legal practice on Hong Kong .
He also said that the government's request for interpretation of the law will be dealt with according to the existing mechanism, and the judiciary also respects the decision and does not think it will damage the independence of the judiciary.
He mentioned that this is the first time that the SAR government has proposed an interpretation of the "National Security Law". The interpretation of the law does not happen frequently, and he does not think that the interpretation of the law has become normalized.
As for whether the SAR government’s reasoning for the interpretation of the law is “well-founded”, Du Gankun said that Article 65 of the “National Security Law” states that the Standing Committee of the National People’s Congress has the clear power to interpret the provisions. He is confident that the court can guarantee any accused a fair trial.
Du Gankun pointed out that the judgment of the Court of Final Appeal has shown that the court will fully safeguard national security and effectively take actions in accordance with the "National Security Law" to prevent and combat acts that endanger national security. responsibility for security, upholding the rule of law, and guaranteeing judicial independence.
Li Zhiying's appointment of Yingying Litigation ︱ Li Jiachao did not answer whether it is unfair to postpone it, saying that it is most in the interests of the legal system A report has been submitted to the central government to formally submit the legal interpretation of Jimmy Lai's appointment to the imperial court︱Liaison Office said that the judiciary has the responsibility to prevent acts that endanger national security. Act of
