Li Zhiying's appointment of the imperial court︱Tam Yaozong: If there is no local lawyer to take over, he can be sent to the mainland for trial

The SAR government requested the National People's Congress to interpret the "National Security Law in Hong Kong". The National People's Congress Standing Committee member Tam Yaozong believes that it is difficult to provide exceptions for overseas lawyers to participate in national security cases.

If there is no local lawyer to take over the case in the end, the person involved can be sent to the Mainland for trial.

Jimmy Lai, the founder of Next Media, was allowed to hire British barrister Tim Owen to defend his case involving the "Hong Kong National Security Law". In the end, the Hong Kong government asked the Standing Committee of the National People's Congress to interpret the law on whether overseas lawyers can participate in Hong Kong's national security cases.

Tan Yaozong, member of the Standing Committee of the National People's Congress, said in a TV interview today (December 4) that the regular meeting of the Standing Committee of the National People's Congress will be held at the end of this month at the earliest, and it is currently unknown whether the interpretation of the law will be discussed.

However, he thinks that the matter is not too complicated, even if there is enough time to prepare for the meeting and discussion at the end of the month, he believes that the scope of explanation will not be too broad.

Tam Yiu-chung predicts that the Standing Committee of the National People's Congress will not interpret the "Hong Kong National Security Law" too far

As for what it means to participate in a national security law case?

Will it include prohibiting overseas lawyers from giving legal advice?

Tam Yiu-chung believes that it is difficult to stop giving legal advice. For example, if the parties do not disclose that they have consulted overseas legal advice, how can they be stopped?

Execution is problematic.

However, Tan Yaozong emphasized that not allowing overseas lawyers to represent the defendant in the defense is consistent with the legislative spirit and logic of the National Security Law.

If there is no lawyer to take over, it can be transferred to the mainland for trial

When asked how to deal with the case if there are no local practicing lawyers willing to take over the case?

Tam Yaozong pointed out that since overseas lawyers cannot handle the case, if there is no local lawyer willing to take over the case, it can be transferred to the mainland for trial.

The "National Security Law" has provisions.

Tam Yiu-chung does not agree that it will cause injustice to the defendant, because the mechanism is already listed in the law, and he also pointed out that if the Standing Committee of the National People's Congress writes so many exceptions when explaining, it will be difficult to implement.

Tam Yaozong said that if no local lawyer is willing to take over Li Zhiying's violation of the National Security Act, he can be sent back to the Mainland for trial

According to Article 55 of the "Hong Kong National Security Law", there are only three situations that can be tried by the mainland, including the involvement of complex foreign forces, the inability of the SAR government to enforce the law effectively, and the threat to national security.

Have thought about solutions other than interpretation

In addition, Tan Yaozong emphasized that he would not "interpret the law" unless he had to. He had thought about whether the SAR government could have other ways to deal with it.

He pointed out that some TV news pointed out that the working visa of the British barrister had expired. If the Director of Immigration refused to issue another working visa, the barrister would not be able to appear in court. Would the problem be resolved?

However, it is also admitted that this method does not completely solve the problem.

Tan Yaozong said that not allowing overseas lawyers to participate in cases involving national security laws is in line with the spirit of legislation

Li Zhiying's violation of the National Security Act caused the SAR government to request the National People's Congress to interpret the law

As for the first "interpretation" of the "National Security Law for the Hong Kong Area" after it was implemented for more than two years, Tam Yaozong admitted that he did not expect such a development beforehand, but pointed out that the time for the Standing Committee of the National People's Congress to formulate the "National Security Law for the Hong Kong Area" was very urgent, but overall The legislation is still complete.

Li Zhiying Case︱Tang Jiahua: In fact, we can follow the local amendments to hope that the interpretation of the law will not be retroactive and prevent damage to the prestige of the Final Court. The court judged the case, and the chief executive "performed his duties" to protect the country's security