The Hong Kong Special Administrative Region Government will submit amendments to stipulate that overseas barristers must obtain a certificate of Hong Kong Chief Executive when involving cases involving the Hong Kong National Security Law.
Comprehensive Sing Tao Daily and the Internet media "Hong Kong 01" reported that the Hong Kong Department of Justice was submitted to the Legislative Council on Monday (February 20) on the Hong Kong National Security Law Case of the State Security Law Case, and submitted documents to the Legislative CouncilIt is recommended to revise Article 27 of the Regulations of the Legal practitioners.
The content of the law includes that when the court encounters a case where overseas barristers handle national security, the court must submit and obtain a certificate in accordance with Article 47 of the Hong Kong National Security Law.The review, first, whether the practice or acting involves national security involves national security, the other is whether it is not conducive to national security.
If the certificate is determined that the practice of overseas barristers or acts involving national security involving national security and will not be conducive to national security, the court shall not recognize the case as a barrister on the case.The repair also clarifies the new requirements of the Chief Executive's Certificate, which is suitable for all cases involving national security, regardless of the case is civil, criminal or other nature.
The explanation of the Hong Kong Department of Justice can reflect the spirit of Article 47 of the Hong Kong National Security Law and Article 3 of the Interpretation.The case as a lawyer or a meeting is not conducive to national security, and it is recognized that the person is a lawyer in principle. "
The Department of Justice said that the legislative proposal has no adverse effects on the independent judicial rights of the court, the court's independent judicial rights and the parties to the parties in the lawsuit and the right to receive a fair interrogation.The defendants of criminal cases have never been represented by overseas barristers. Therefore, legislative suggestions have not deprived them of any legal rights, coupled with general project recognition applications and projects involving national security cases, there are not many applications.
The Hong Kong Government is consulting judicial institutions and two legal professional groups on the main content of legislative proposals. Depending on the opinions of members, the Hong Kong government plans to submit it to the Legislative Council in the first or second quarter of 2023 as soon as possible.The draft regulations proposed by the Legislativeity.
Du Yan, chairman of the Hong Kong Lawyer Association, agrees with the "one -size -fits -all" approach of the Hong Kong government. He believes that the Hong Kong government and the guild have consistent ideas.Du Yan pointed out that the current draft regulations has not yet been implemented and there is still space thinking. The guild is currently studying the content of the Proposal of the Law Department. When the Legislative Council discusses next Monday, the guild will fully respond.
Li Zhiying, the founder of Hong Kong One Media, was approved by the original court to approve the employment of the British Royal Lawyer Tim Owen to defend the case. The Hong Kong government immediately appealed to the incident.At the end of last year, the Standing Committee of the National People's Congress of China made an interpretation, stating that overseas lawyers who do not have the qualifications of Hong Kong's comprehensive practice, the court should obtain a certificate issued by the Chief Executive, otherwise the Hong Kong National Security Commission should perform their duties and make judgments and decisions on relevant issues.
