Jimmy Lai, the founder of Next Media, hired Tim Owen, Queen's Counsel of the United Kingdom, to defend the case of the National Security Law, which triggered the sixth interpretation of the law by the National People's Congress and the first interpretation of the "National Security Law of Hong Kong Area" by the National People's Congress.
The content of the interpretation mentioned that whether overseas lawyers who do not have the full qualifications to practice in Hong Kong can serve as defenders in national security cases is an issue that needs to be determined as stipulated in Article 47, and a certificate issued by the Chief Executive should be obtained.
However, Zha Xiwo, the former Chief Investigator of the ICAC and a barrister, believes that the identification problem mentioned in Article 47 of the "Hong Kong National Security Law" is in the process of the court hearing the case, and the lawyer is hired before the trial of the case. .
He didn't know whether the case involved state secrets before the trial started. He personally believed that it was "wearing the wrong hat" to apply the "issue of hiring overseas lawyers" to this provision.
When the courts of the Hong Kong Special Administrative Region encounter issues concerning whether the relevant acts involve national security or whether the relevant evidence materials involve state secrets, they should obtain a certificate issued by the Chief Executive on these issues, and the above-mentioned certificate is binding on the court. .
Article 47 of the Hong Kong National Security Law
Zha Xiwo pointed out that according to common law principles, "the burden of proof lies with the prosecution" and "the benefit of doubt belongs to the defendant" are the two pillars. The defendant has the right to choose a lawyer, and the national security law case does not necessarily involve state secrets: "It has not been tried yet. I will know whether there are any state secrets." Being accused of violating the "Hong Kong National Security Law" does not necessarily mean violating the law.
He said that the current interpretation of the law by the National People's Congress conflicts with the principles of common law guaranteed by the Basic Law, which may affect many people's perception of the spirit of the rule of law. .
Di Zhiyuan lashed out at the government for mishandling the law: If it is discovered early on that it has the power, there is no need to interpret the law
Di Zhiyuan, chairman of New Thinking and member of the Legislative Council, said that although the Standing Committee of the National People's Congress has the right and a constitutional role to interpret the contradictions between the Basic Law and other laws, it should be the last resort.
The government should first discuss and explain the existing judicial procedures in Hong Kong, so as to avoid giving Hong Kong citizens and the international community the wrong impression that Hong Kong courts do not independently interpret Hong Kong laws as stated in the Basic Law.
He said that the SAR government did not handle the law interpretation incident perfectly. If the government pointed out early on that the chief executive who is also the chairman of the National Security Council has the right to handle it, and the court has enough time to deliberate, there will be no "losing and beating" by the government this time. New Thinking regrets that the situation of "winning to win" has hurt the prestige of Hong Kong courts.
At the same time, Di Zhiyuan also participated in the joint statement of all members of the Legislative Council supporting the interpretation of the law.
National People's Congress Interpretation｜Legal Work Committee: The effect of the interpretation can be traced back to the day when the National Security Law came into force｜The Judiciary: Respect legally binding interpretations and will handle the National Security case without bias｜Chen Hongyi: No denial of the final court ruling Zhiying can apply to the Chief Executive for a certificate to the National People's Congress to interpret the law｜Tang Yingnian, member of the Standing Committee of the Chinese People's Political Consultative Conference: There is a sufficient legal basis for the interpretation of the law by the National People's Congress｜Applicable to the Lai Zhiying case?
Tang Jiahua said that the National Security Committee will not ignore the National People's Congress's interpretation of the law if it does not target individual cases︱All members support: the three powers must follow the People's Congress's interpretation of the law to help the courts better fulfill their national security responsibilities︱Li Jiachao: There is no increase in powers. ｜If you hire an overseas lawyer for a national security case, you need a certificate from the chief executive, otherwise the National Security Council should intervene
