Hong Kong High Court upholds government decision to bar British lawyer from Jimmy Lai collusion trial

Tycoon initiated two legal challenges, including judicial review which led to Friday’s ruling, to keep King’s Counsel Timothy Owen on his defence team

Lai asked judges to drop collusion case on grounds of an unfair trial, arguing he had been obstructed from being represented by barrister of his choice

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Jimmy Lai is set to stand trial without a jury on charges of sedition and conspiracy to collude with foreign forces. Photo: Winson Wong

Published: 10:49am, 19 May 2023Updated: 3:01pm, 19 May 2023

Hong Kong’s High Court on Friday upheld a government decision to bar a British lawyer from representing jailed media tycoon Jimmy Lai Chee-ying in a collusion trial, ruling that such judgments on national security matters were free from judicial intervention.

The court cited Beijing’s interpretation of the national security law in finding the Committee for Safeguarding National Security, comprising Chief Executive John Lee Ka-chiu and other officials, had the final say on whether an overseas lawyer was fit to take up jobs pertaining to the country’s safety.

The court held the committee’s duty and functions were not confined to “high-level policymaking”, as contended by Lai’s legal team, but also covered determinations on individual cases.

Friday’s verdict not only effectively denied King’s Counsel Timothy Owen’s involvement in the high-profile case, but also dealt a blow to the tycoon’s prospect of securing a permanent stay of proceedings before the trial begins in September.

The founder of the now-defunct Apple Daily newspaper is set to stand trial without a jury on charges of sedition and conspiracy to collude with foreign forces.