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Jimmy Lai case|The government proposes to amend the rule that overseas barristers must first obtain a certificate from the chief executive to participate in national security cases

2023-02-20T11:01:37.021Z


The Department of Justice today (20th) submitted a document to the Legislative Council regarding the employment of overseas barristers by the defense in cases involving the National Security Law, proposing to amend Article 27 of the Legal Practitioners Ordinance.


The Department of Justice today (20th) submitted a document to the Legislative Council regarding the employment of overseas barristers by the defense in cases of the National Security Law, proposing to amend Article 27 of the Legal Practitioners Regulations.


The amendments include that when the court encounters an overseas barrister handling a national security case, it must submit a special case to the Chief Executive and obtain a certificate (Certificate of the Chief Executive) in accordance with Article 47 of the "Hong Kong National Security Law". The first is whether the barrister's practice or conduct involves national security, and the second is whether it will be detrimental to national security.

The amendments apply to all cases involving national security and did not specify when they will take effect.


The Government plans to submit a bill for this legislative proposal to the Legislative Council in the first or second quarter of 2023 as soon as possible.


Li Zhiying was approved by the Court of First Instance earlier to hire British Queen's Counsel Tim Owen to defend his "Hong Kong National Security Law" case.

The Department of Justice submitted a document to the Judiciary and Legal Affairs Committee of the Legislative Council today to propose amendments to Article 27 of the Legal Practitioners Ordinance. Overseas barristers who participate in national security cases must first obtain a certificate from the Chief Executive.

The amendments include that when the court encounters an overseas barrister handling a national security case, it must submit a special case to the Chief Executive and obtain a certificate (Certificate of the Chief Executive) in accordance with Article 47 of the Hong Kong National Security Law.

The chief executive will assess whether the person's practice or conduct as a barrister in relation to the case involves national security, and whether the person's practice or conduct as a barrister in the case will be detrimental to national security.

If the certificate confirms that an overseas barrister is practicing or acting in a case involving national security, which involves national security and will be detrimental to national security, the court shall not admit the person as a barrister in respect of the case.

The Department of Justice explained that

this move can reflect the spirit of Article 47 of the "Hong Kong National Security Law" and Article 3 of the interpretation, "In view of the fundamental importance and overriding nature of national security, if a person acts as a barrister in a case involving national security It is an error in principle to admit such a person as a barrister if his practice or conduct would be detrimental to national security."

The new requirements for the Chief Executive's certificate specified in the amendments apply to all cases involving national security, regardless of whether the case is civil, criminal or otherwise, including (but not limited to) crimes under the "Hong Kong National Security Law" or other Cases related to crimes endangering national security, and cases related to measures taken under the Hong Kong National Security Law or other laws to maintain national security (or where related to the maintenance of national security).

The Department of Justice also pointed out that

the proposed legislation has no adverse impact on the rule of law, the independent judicial power of the courts guaranteed by the Basic Law, and the rights of parties to a lawsuit to choose legal representation and to receive a fair trial

.

Defendants in criminal cases have never had the right to be represented by overseas barristers. Therefore, the legislative proposal does not deprive them of any legal rights. In addition, there are only a small number of general ad hoc admission applications and ad hoc admission applications involving national security cases. .

The government is consulting the judiciary and two legal professional bodies on the main content of the legislative proposal. Depending on the opinions of members, the government plans to submit the proposed legislative bill to the Legislative Council in the first or second quarter of 2023 as soon as possible.

Jimmy Lai case|The Department of Justice had to pay 855,000 legal costs for Tim Owen’s appeal in the Court of Appeal The degree of lawyer participation will be the first time that the National Security Law has been interpreted in the Li Zhiying case|Tim Owen did not represent Li in court trial

Source: hk1

All news articles on 2023-02-20

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