Ruling override an earthquake shaking HK legal system: Litton

Eunice Lam

Hong Kong's judicial independence and rule of law are under "existential threat" if a judge's common law decision to allow former media mogul Jimmy Lai Chee-ying to hire a British king's counsel in his collusion trial is overridden, says retired judge Henry Litton.

In an eight-page letter, Litton said Hong Kong seeking Beijing's interpretation on the matter is "like an earthquake."

He added: "Once trust in the foundations of the legal system is sorely shaken, stability cannot be easily restored. The rule of law, as it exists today, will be gone."

Litton said the Legal Practitioners Ordinance has conferred a "broad discretion" to the High Court to admit overseas barristers for specific cases, which is referred to as ad hoc admissions, for the judicial discretion to be exercised on a case-by-case basis.

No one is better qualified than a seasoned High Court judge, Litton added.

He doubted the prosecution's argument of overseas counsel in national security cases would tend to defeat the aim of countering "interference in the HKSAR's affairs by foreign or external forces" and is "destructive of the discipline of law."

Litton said it is difficult to see how the National People's Congress Standing Committee could be involved, adding that the sole matter before the court was king's counsel Tim Owen's ad hoc admission.

"But the government seems to still insist that Mr Owen's ad hoc admission is unlawful, seeking a radical change in the legal landscape," he said.

Litton said if Beijing overturns the Court of Final Appeals' decision, the judiciary's independence would collapse and Hong Kong's autonomy would be destroyed. Incalculable consequences would follow, he added.

Hong Kong's delegate to the NPCSC, Tam Yiu-chung, said none of the agenda from a committee meeting scheduled for December 30 involves the SAR - so far.

That means no discussion is set regarding Chief Executive John Lee Ka-chiu's request for national security law interpretation over the involvement of foreign lawyers.

Tam said he respects Litton's opinion, but added the NPCSC has made five interpretations of the Basic Law and that an interpretation can be a feasible option to handle the issue.

And Tam believes there is sufficient time as Lai's trial has been adjourned to September 25 next year.

eunice.lam@singtaonewscorp.com

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