Hong Kong’s government has passed a law that allows authorities to ban foreign lawyers from working on national security cases, completing a months-long effort to block a UK lawyer from defending media mogul and activist Jimmy Lai.
The amendment, which was passed unanimously by the Legislative Council on Thursday, gives the chief executive the power to veto any foreign lawyer from working on cases brought under the 2020 National Security Law (NSL).
Lai, the founder of now defunct Apple Daily newspaper and a high profile pro-democracy figure, was first arrested in August 2020. He has since been charged with foreign collusion under the sweeping NSL, after calling for sanctions against Hong Kong and China over their crackdown on the pro-democracy movement. If convicted he could face life in prison.
Lai had sought to engage UK lawyer, Tim Owen, in defending the charges. The government challenged Owen’s appointment in court, but lost an appeal in November when the city’s highest court ruled Owen could represent Lai. The chief executive, John Lee, then asked Beijing to intervene, and make an “interpretation” of the national security law to clarify its stance on foreign lawyers.
In the interim, Lai’s trial was postponed from November, when the immigration department withheld Owen’s application for a visa extension to stay in Hong Kong, and again in December when that application was denied and Owen was forced to leave.
Soon afterwards, Beijing declared that courts needed approval from the chief executive to allow foreign lawyers on national security cases. Wednesday’s amendment enshrines that interpretation in Hong Kong law, and adds to mounting concern over the independence of Hong Kong’s once vaunted judiciary. Previous changes have given the chief executive the power to appoint judges to oversee national security trials, which are not guaranteed to be heard in front of a jury.
Lai’s trial is set to begin in late September, by which time he will have spent almost 1,000 days in jail. He was initially held on remand, but is now serving successive terms for convictions related to the 2019 protests and business fraud, all charges his supporters say are politically motivated.
In Washington, the US government’s congressional-executive commission on China will begin a hearing on Thursday, examining the erosion of the rule of law in Hong Kong. It is expected to explore cases of political prisoners, the arrest of Lai, and international advocacy.
On Wednesday Lai’s son, Sebastien accused the UK government of “weakness” for not speaking out about his father with the same strength as the US. Both father and son are British citizens.
“It’s very sad to see a democratic government being afraid – or asking permission, even – to speak on behalf of one of its citizens that is in prison for freedom of speech,” said the younger Lai. “It’s just ridiculous.”
