Leung put on defensive in backing of top court

Overseas lawyers should be more experienced than locals in handling national security cases, former secretary for justice Elsie Leung Oi-sie wrote in an article defending the court of final appeal's decision allowing king's counsel Tim Owen to defend imprisoned media mogul Jimmy Lai Chee-ying in his collusion trial.

In the article, written in Chinese and before Chief Executive John Lee Ka-chau's announcement that he was seeking a interpretation from the National People's Congress on the issue of allowing foreign lawyers to handle such cases, which was spread widely in the legal sector, Leung, also a former deputy director of the Basic Law Committee, said the SAR's mini-constitution protects residents' right to defend themselves in legal proceedings, while local law also has a comprehensive system covering the hiring of overseas counsels.

"Some said British lawyers have no ideas and experience in handling national security cases, but how about Hong Kong barristers? There should be more national security-related cases in other countries than Hong Kong," Leung said.

"If the court considers a lawyer is qualified [for handling the case], there is no reason for us to oppose [it]."

She questioned Hong Kong lawyers' understanding of the Basic Law, which is a law of "socialism with Chinese characteristics," while adding that the SAR has accumulated numerous cases for reference throughout the past 25 years.

She ended the article by asking: "Some request an interpretation [from the NPC standing committee], but on which article?"

Leung said yesterday that she "was just supporting the court of final appeal's decision based on the current national security law, where I am not against the interpretation, and I am not reflecting my opinion toward Beijing," she said.

She was speaking as Lo Man-tuen, vice-chairman of the All-China Federation of Returned Overseas Chinese, criticized the top court for neglecting the law's authoritative and overriding nature.

He said Beijing has been putting high importance on Lai's case, saying the case was seen as a "prime national security case," and will never allow foreign interference in such cases.

"[The court's decision] is against the legislative spirit and legal logic of the national security law," Lo said.

"Beijing hopes the dispute can be solved through the appeal system in Hong Kong courts, but they have to get prepared for the interpretation to ensure the national security law is implemented completely and accurately and without compromise."

Basic Law Committee member Albert Chen Hung-yee expects the NPC standing committee would interpret article 63 of the national security law.

Chen said Beijing did not expect the involvement of foreign lawyers during the drafting stage of the law.

He claimed the Department of Justice may not be prepared for a new legal question, so it did not proffer new evidence in the lower courts.

The high court will hold a hearing today to discuss the DoJ's application to adjourn Lai's trial before national security judges Esther Toh Lye-ping, Susana Maria D'Almada Remedios and Alex Lee Wan-tang.

In a notice released last night, the judiciary said a total of 311 public seats are provided for the hearing, at the court lobbies on the fourth, fifth, and sixth floors. Tickets will be distributed from 8am on a first-come-first-served basis, while 75 seats are reserved for the press.