Court Upholds UK Lawyer Admission In Jimmy Lai Case

The Court of Appeal on Monday rejected another government bid to block an overseas lawyer from representing former media tycoon Jimmy Lai in his national security trial next month.

The court had earlier rejected the Department of Justice's (DoJ) challenge against the admission of King’s Counsel Timothy Owen from the UK for the trial scheduled to begin on December 1.

The DoJ subsequently applied to take its case to the top court, but this has been turned down by the Court of Appeal.

In a written ruling, the three-judge panel note that the DoJ raised a new point in its application – that the admission of overseas lawyers is incompatible with the overall objective and design of the national security law – which was enacted to address interference in Hong Kong affairs by foreign or external forces in any form.

The DoJ had contended that there can be no meaningful or effective enforcement of a foreign barrister's confidentiality obligations once they leave Hong Kong.

But the judges said no state secrets appear to be involved in Lai's case, adding that all practising barristers in England and Wales are subject to a code of conduct that also governs their work abroad.

The judges said: “it has not been demonstrated that it is reasonably arguable that grounds for interfering with the exercise of judicial discretion have been established to warrant consideration by the Court of Final Appeal.”

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.