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Overseas lawyers will need approval to handle cases under Hong Kong’s Article 23 national security law, justice minister says

  • Law required under Article 23 of Basic Law is on this year’s Legislative Council agenda and will cover treason, theft of state secrets, influence of foreign political groups
  • Justice minister Paul Lam says government studying whether to add clause to new law that allows Beijing to exercise jurisdiction over cases covered by future legislation

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The proposed security law will cover the theft of state secrets, the influence of foreign political groups in local affairs, as well as treason. Photo: Yik Yeung-man
Defendants charged under Hong Kong’s coming Article 23 national security law will need permission from the city’s leader to hire an overseas lawyer and face the same bail conditions as spelled out in the Beijing-imposed legislation, the justice minister has said.

Secretary for Justice Paul Lam Ting-kwok on Saturday, however, did not confirm if the home-grown legislation would also have a clause allowing defendants to be sent to mainland China for certain cases as in the national security law, saying the government was still studying the need for such an “extreme” scenario in the local version.

Lam stressed it was important for the new bill, a requirement under Article 23 of the Basic Law, to be “compatible” with Beijing’s version.

The proposed law is on this year’s Legislative Council agenda and will cover offences such as treason, the theft of state secrets and the influence of foreign political groups in local affairs.

It will supplement the 2020 Beijing-imposed legislation which prohibits acts of secession, subversion, terrorism and collusion with foreign forces.

Secretary for Justice Paul Lam has stressed that authorities are keen to make sure that the home-grown national security law will be ‘compatible’ with the existing one imposed by Beijing in 2020. Photo: Edmond So
Secretary for Justice Paul Lam has stressed that authorities are keen to make sure that the home-grown national security law will be ‘compatible’ with the existing one imposed by Beijing in 2020. Photo: Edmond So

Lam told a television programme that defendants charged under the future legislation would be subject to some of the same requirements laid out in the 2020 national security law, such as applying for permission to hire an overseas lawyer and stricter bail conditions.

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