Court Allows UK Lawyer To Represent Jimmy Lai

An appellate court on Wednesday upheld a decision to allow a veteran British lawyer to defend media tycoon Jimmy Lai in his upcoming national security trial.

Lai, 74, had earlier been granted permission by High Court Judge Jeremy Poon to engage King’s Counsel, Timothy Owen, in the trial that is scheduled to begin on December 1.

The Secretary for Justice subsequently appealed against the admission of Owen, arguing that his involvement will not add any significant dimension to the trial.

The government had argued that Owen did not have the expertise or experience in issues concerning the offences that Lai was charged with under the national security law – which it said was tailored to Hong Kong’s unique constitutional framework.

As for another charge of printing and distributing seditious publications brought against Lai under the Crimes Ordinance, the government said there is already “substantial experience” among local barristers to handle it.

But a three-judge panel rejected the government’s grounds.

In a written judgment, the panel said the decision to admit Owen had balanced different aspects, including the novelty and the great general public importance of the legal issues involved, the unusual difficulty and complexity of the case, and its substantial impact on the development of Hong Kong law.

The appellant court said “the unique context of the national security law” should not take precedence over other aspects of public interest when it comes to the admission of overseas counsels.

The judges added that the public’s perception of fairness in the trial is of vital importance to the administration of justice, adding that Owen should be admitted on grounds of public perception as well.

Lai, the founder of the now-defunct Apple Daily newspaper, will face trial for allegedly taking part in a conspiracy to print, publish, sell, offer for sale, distribute, display and/or reproduce seditious publications, as well as conspiring with others to collude with a foreign country or external elements to endanger national security.