Lai trial on hold as Brit lawyer faces visa issues

Eunice Lam

The High Court has adjourned fallen media mogul Jimmy Lai Chee-ying's trial in a case involving alleged collusion with foreign forces to December 13 pending Beijing's legal interpretation of the national security law on whether the former Apple Daily boss can hire British King's Counsel Tim Owen to defend him.

The Immigration Department "has withheld" Owen's visa application, the court was told yesterday.

A panel of three national security judges granted the adjournment of a trial originally set to begin yesterday for an interpretation of the national security law by the National People's Congress Standing Committee.

Lai, already in prison after being convicted in an illegal assembly case, wore a gray suit as he appeared before judges Esther Toh Lye-ping, Susana Maria D'Almada Remedios and Alex Lee Wan-tang.

Lawyers for the 74-year-old Lai said that they had not objected to an adjournment as the Immigration Department had withheld Owen's application for an extension of his current working visa, so he was unable to appear in court on the tycoon's behalf.

But Robert Pang Yiu-hung, representing Lai, said the department's decision to withhold Owen's visa was against public interest and pointed to the Court of Final Appeal's approval of Owen engaging in Lai's trial.

"This effectively frustrates the order by the chief justice that the court should have the best assistance available to tackle all the formidable tasks at hand," Pang said.

Owen had a visa to work on another criminal trial in Hong Kong, but the department gave the British barrister a letter saying the department had withheld his application to extend his stay, though it was not known when it would expire.

While the Immigration Department is claimed to have given "very obvious" reasons for its action in the letter to Owen, a spokesman refused to say more about an individual case and that an application depends "on its individual merits."

Acting deputy director of public prosecution Anthony Chau Tin-hang also said yesterday that while the case has now been adjourned for less than two weeks to December 13, the hearing could be put on hold longer as the next NPCSC meeting is set for the end of the month.

Chau said the interpretation may not only bar overseas barristers who do have full qualifications to practice in Hong Kong to appear in national security cases but also prohibit any form of participation.

He said this would be the first time for an interpretation on the national security law, adding that the prosecution had "every reason to believe" the NPCSC would grant the SAR chief executive's request to keep overseas lawyers out of national security cases.

Chau sought a seven-day "short adjournment," but judge Lee questioned if that would be enough time for the prosecution to get clear instructions regarding a "timetable" for the interpretation.

Lee said it would be unfair to Lai and other defendants if the trial was adjourned repeatedly without knowing when it would commence.

And judge Toh said it was prudent to add a few more days on the adjournment and listed the next hearing for December 13 to decide whether the trial should be further postponed.

eunice.lam@singtaonewscorp.com