Jimmy Lai’s bid to appeal to top court over hiring overseas lawyer rejected

The Court of Appeal has rejected the application by Jimmy Lai Chee-ying to appeal to Hong Kong’s top court over authorities’ decision to not issue a work visa to British barrister Timothy Owen KC. 

In the judgment released on Friday, appeal court vice presidents Susan Kwan Shuk-hing, Carlye Chu Fun-ling, and appeal justice Thomas Au Hing-cheung wrote that none of the questions raised by Lai’s side were reasonably arguable. 

The questions included whether decisions by the Committee for Safeguarding National Security are immune from judicial review, does the interpretation of the National People’s Congress enlarge statutory duties, and is the committee’s decision beyond the powers of the National Security Law. 

The judges said that the legislative intent of Article 14 of NSL is most clear when reading along with the NPC’s interpretation. 

“The NPC does not intend to confer jurisdiction on the Hong Kong courts to review any judgment, decision and act of the committee, including the committee’s decision [to advise the Immigration Department to not issue the visa].” 

The judges added it was a misreading of the laws that Lai’s side argued the powers of the committee were only limited to those provided under Article 14. 

“Our conclusion that the committee’s decision and the department’s decision are not amenable to judicial review.” 

The court also awarded indemnity costs to the Department of Justice, saying that Lai’s side should have known that the contentions in the intended appeal were wholly unmeritorious. 

“It is wholly unreasonable for him to seek leave to appeal to the Court of Final Appeal and this application should not have been brought. This kind of unreasonable litigation conduct would justify an order of indemnity costs”