Li Zhiying, the founder of Next Media, hired British Queen's Counsel Tim Owen to defend the national security law case, which triggered the National People's Congress to interpret the law.
The Standing Committee of the National People's Congress passed the draft interpretation of Articles 14 and 47 of the National Security Law of the Hong Kong Area, specifying whether overseas lawyers who do not have the full qualifications to practice in the Hong Kong Special Administrative Region can serve as defenders in national security cases, which is an issue that needs to be identified under Article 47 , a certificate issued by the Chief Executive shall be obtained. If the court fails to obtain the certificate of the Chief Executive, the National Security Committee may make a decision on such issues.
This time the decision did not mention whether the content of the interpretation of the law applies to the Lai Jimmy-ying case. Tang Jiahua, a member of the Executive Council and a senior barrister, told "Hong Kong 01" that the interpretation of the law this time is not for individual cases, but an explanation from the "National Security in Hong Kong Area". The functions and powers of the National Security Council will be dealt with on a case-by-case basis since the implementation of the Law. I believe this does not mean that it does not care about the previous cases. The National Security Council will make a decision when necessary.
Decisions made by the National Security Council are efficient and do not damage the rule of law
Tang Jiahua said that the issue of national security is not a matter within the scope of Hong Kong's autonomy. It is a national matter and needs to be handled by the national security agency. He believes that this interpretation of the law will not damage the rule of law.
He believes that if overseas lawyers apply to serve as defenders in national security cases in the future, the National Security Council will reflect their opinions to the court.
He said that there are representatives of the SAR government in the National Security Council who understand Hong Kong's people's sentiments and special conditions. The National Security Council makes decisions on national security issues, which is efficient and in line with the "one country, two systems" approach.
He said that the interpretation of the law can reduce the SAR government's frequent demands for the Standing Committee of the National People's Congress to interpret the law. "Hong Kong people should be happy."
National People's Congress Interpretation︱All Members Support: The Three Powers Must Be Followed to Help Courts Better Fulfill National Security Responsibilities NPC Interpretation|If you hire an overseas lawyer in a national security case, you need a certificate from the chief executive, otherwise the National Security Committee should intervene