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Hong Kong national security law: strong chance Beijing will not interpret legislation on foreign lawyer issue, pro-establishment heavyweight says

  • Basic Law Committee member Priscilla Leung says ‘not interpreting it remains an option’ for Beijing, after Jimmy Lai trial at heart of debate postponed to 2023
  • Case-by-case mechanism under Article 14 of the law, to avoid asking for Beijing’s interpretation on similar issues, floated by pro-establishment figures

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King’s Counsel Timothy Owen is at the centre of a high-profile debate about foreign lawyers handling national security cases. Photo: Dickson Lee

A strong chance exists that Beijing will not answer the Hong Kong government’s request to interpret the national security law and weigh in on the issue about foreign lawyers’ involvement in trials under the legislation, according to a pro-establishment legal heavyweight.

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Basic Law Committee member Priscilla Leung Mei-fun made the comment after the city’s High Court on Tuesday adjourned the national security trial of media tycoon Jimmy Lai Chee-ying – which triggered the legal controversy – to September next year. The court acknowledged Beijing has yet to determine whether he can be defended by an overseas lawyer of his choice.

Last month, Chief Executive John Lee Ka-chiu asked the National People’s Congress (NPC) Standing Committee to intervene after the city’s top court ruled Timothy Owen, a King’s Counsel from Britain, could defend Lai against charges of collusion with foreign forces.

But speculation has mounted as to whether Beijing would step in after it emerged last week that the interpretation was not on the agenda of the standing committee’s next meeting from December 27 to 30.

Basic Law Committee member Priscilla Leung says there is a strong chance Beijing will not interpret the legislation. Photo: Winson Wong
Basic Law Committee member Priscilla Leung says there is a strong chance Beijing will not interpret the legislation. Photo: Winson Wong

Asked whether Beijing had responded to his request on Tuesday, Lee merely said he believed the court would handle the matter and he should not comment amid the proceedings.

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