Hong Kong appeal court blocks Jimmy Lai from challenging foreign counsel ban

Court of Appeal finds judiciary does not have authority to review decision by national security committee to bar King’s Counsel Timothy Owen from defending Lai

Ruling points to Article 14 of national security law stipulating committee must be free from interference and its decisions not amenable to judicial review

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The Committee for Safeguarding National Security decided the involvement of King’s Counsel Timothy Owen in Jimmy Lai’s case was likely to undermine national security. Photo: Edmond So

Published: 8:24pm, 29 Apr 2024

A Hong Kong appellate court has upheld a decision to bar media tycoon Jimmy Lai Chee-ying from mounting a legal challenge over a prohibition against a British lawyer’s participation in the mogul’s national security trial.

Three Court of Appeal judges concluded in a judgment handed down on Monday that the judiciary did not have jurisdiction to review the decision by the Committee for Safeguarding National Security, comprising Chief Executive John Lee Ka-chiu and other officials.

The committee decided in a closed-door meeting in January last year that the involvement of London-based King’s Counsel Timothy Owen in Lai’s case was likely to undermine national security, and that it would advise the Immigration Department to dismiss any of the Briton’s applications for a work visa.

The judgment, comprising 55 paragraphs, said Article 14 of the Beijing-imposed national security law stipulated the committee was free from interference from any institution, organisation or individual and that its decisions were not amenable to judicial review.

Jimmy Lai is currently standing trial on two conspiracy charges of collusion with foreign forces and a third of conspiracy to print and distribute seditious publications. Photo: AP

The court also noted the non-interference rule was reiterated by the National People’s Congress Standing Committee, Beijing’s top legislative body, in its first interpretation of the law in December 2022.

Justices Susan Kwan Shuk-hing, Carlye Chu Fun-ling and Thomas Au Hing-cheung stressed the combined effect of the law and the interpretation “leaves no room for any doubt or ambiguity”