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Hong Kong national security law: court to rule within month whether to review decision to block overseas lawyer from defending Jimmy Lai

  • High Court hears arguments from jailed media tycoon Jimmy Lai’s legal team as it seeks approval of two legal challenges
  • National security committee should be subject to review for advising Immigration Department to ban King’s Counsel Timothy Owen, Lai’s legal team says

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The collusion trial of jailed media tycoon Jimmy Lai is set to begin in September. Photo: Sam Tsang
A Hong Kong court will rule within a month whether to review a decision made by the city’s national security committee to block an overseas lawyer from representing jailed media tycoon Jimmy Lai Chee-ying in a collusion trial in September.
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The High Court on Friday heard arguments by Lai’s legal team, which was seeking the approval of two legal challenges, including a judicial review, against the city’s government and the Committee for Safeguarding National Security.

Senior Counsel Robert Pang Yiu-hung said the committee should be subject to a judicial review by courts for overstepping its authority by advising the Immigration Department to bar King’s Counsel Timothy Owen from representing Lai.

King’s Counsel Timothy Owen. Photo: Dickson Lee
King’s Counsel Timothy Owen. Photo: Dickson Lee
But his argument was questioned by the judge, who pointed out that the national security law clearly stated that decisions made by the committee were not amenable to judicial review.

Lai, the founder of the now-defunct Apple Daily newspaper, who faces charges of sedition and conspiracy to collude with foreign forces, has been fighting a legal battle to keep Owen on his defence team.

The court approved Owen’s participation in Lai’s case in October last year, a decision upheld by the Court of Appeal and the Court of Final Appeal.

But the National People’s Congress Standing Committee, the nation’s top legislative body, subsequently handed down the first interpretation of Hong Kong’s security law in December, ruling the decision to hire overseas lawyers should be left to the city’s leader and the national security law committee.

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