Li Zhiying Case︱Tang Jiahua: In fact, local amendments can be followed in the hope that the interpretation of the law will not be retrospective and will not damage the prestige of the Final Court

Next Media Li Zhiying was approved by the court to hire British Queen's Counsel Tim Owen to defend the national security case. After the government finally lost the case, it decided to ask Beijing to interpret the law.

Tang Jiahua, a member of the guild and a senior lawyer, said that the relevant issues can actually be dealt with by the Legislative Council to amend the "Legal Practitioners Ordinance", but it will take a long time, and it may not be possible to apply the new arrangement to the Li Zhiying case in time. The National Security Law is a national law, and the Standing Committee of the National People's Congress, which is in charge of making the law, interprets the law "there will be fewer disputes and it will be faster."

He believes that the Standing Committee of the National People's Congress will soon interpret the law, and the content should be aimed at the "Hong Kong National Security Law".

However, Tang Jiahua admitted that the interpretation of the law by the National People's Congress took place after the judgment of the final court, which made people worry that the judicial prestige would be weakened. He suggested that Beijing could list the judgment of the final court before the interpretation of the law in accordance with the provisions of the "Basic Law", " Try to avoid interfering with the Court of Final Appeal."

He emphasized that under the common law, the judgment is made by the judge considering the arguments of both parties in the lawsuit, and he does not think that a certain barrister can "resuscitate" the case, and Tim Owen is not superhuman and powerful.

The content of the interpretation should "avoid interference with the Court of Final Appeal as much as possible"

Tang Jiahua was interviewed by the media and said that he personally thinks whether it is not important to stop Jimmy Lai from hiring Tim Owen: "The defense lawyer decides not to judge a single case, and the judge finally handles it." This time, the interpretation of the law is actually just filling the experience through the "legislature". The "legal loopholes" found in the trial are like the "waste needle paper case" where the government lost the case. The judgment pointed out that the anti-epidemic regulations did not have provisions empowering the Director of the Medical and Health Bureau.

Tang: It is not important whether Li Zhiying can be prevented from hiring Yingying

Tang mentioned that the "National Security Law of the Hong Kong Area" stipulates that the procedures of national security cases under the jurisdiction of the SAR must be carried out in accordance with local laws, that is, the defendant can apply for foreign barristers to come to Hong Kong in accordance with the "Legal Practitioners Ordinance", and he personally sees It is not known that the Li Zhiying case involves state secrets, so the interpretation of the law may follow these directions.

He pointed out that disputes can actually be resolved through local amendments to the Legal Practitioners Ordinance, which allows foreign lawyers to come to Hong Kong to participate in litigation.

This arrangement has its historical background. Before the 1970s, the barristers who practiced in Hong Kong obtained their qualifications in the United Kingdom. After the 1970s, the local practice qualifications were established. However, there are now more than 100 senior barristers in Hong Kong, so there is a need for review.

Tang Jiahua.

(File photo/Photo by Ou Jiale)

Interpretation due to lack of Department of Justice?

Tang: At this point, there is no need to discuss

Does it mean that local amendments are more secure?

Tang Jiahua pointed out that the dispute involves the "National Security Law of the Hong Kong Area", which he personally understands is "serious", so the Standing Committee of the National People's Congress must interpret the law.

However, he pointed out that President Xi Jinping has repeatedly emphasized the importance of common law, hoping that the process of "interpretation" can ensure that the dignity and credibility of Hong Kong's courts will not be weakened, otherwise it may affect the common law system and its status as a financial center.

He emphasized that "interpreting the law" is not to overturn a judgment, but to exercise the power of the legislature. This time, "interpreting the law" only appears outside the final judgment.

He said that the biggest contradiction between Hong Kong and the mainland is that they follow the common law and the mainland law respectively, and they handle issues differently. The Hong Kong courts can only make judgments based on the arguments of the parties, while the mainland will take the initiative to intervene in the interpretation of the law.

Therefore, the fault this time is not with the Hong Kong Court of Final Appeal. As for whether the Department of Justice's litigation effort and the grounds raised are insufficient, Tang Jiahua will not comment, "It may not be questionable, and the matter has reached this stage, and there is no need to discuss it further."

If the current "appointed lawyer" arrangement may violate the Human Rights Act, it is extremely controversial

After the National People's Congress interprets the law, will there be an arrangement of "appointed lawyers" in national security cases, just like the chief executive "appoints judges"?

Tang pointed out that if there is an "appointed lawyer" arrangement, it will be extremely controversial and may violate the protection of the defendant's right to choose a lawyer under the Human Rights Act; The interrogation practice of national security cases, and this arrangement helps to follow up, investigate and punish violating lawyers.

Jimmy Lai's case unleashes the turmoil in the interpretation of the law Chen Hongyi: Interpretation of the law is a last resort and the regulations need to be coordinated with the National Security Law. The case involves state secrets and clarifies the legislative intent of the Jimmy Lai case｜The prosecution seeks to clarify the degree of participation of overseas lawyers. It will be the first time that the national security law is interpreted in the Jimmy Lai case｜Tim Owen did not represent Lai in court. The defense revealed that he was not granted a work visa for the Lai case The Li Zhiying case︱Liang Aishi once wrote an article to support the Final Court: Which one of the explanations does not agree with the inexperienced theory of the British imperial court?