NSL Case Ban For Overseas Counsel Undesirable: Bar

The Bar Association on Thursday said a complete ban on overseas counsel for all national security cases would be "undesirable".

The Standing Committee of the National People's Congress interpreted the national security law (NSL) for the first time last month. The interpretation said the Chief Executive and a national security committee have the power to decide whether a foreign lawyer not qualified to practice in the SAR can participate in national security cases.

Victor Dawes, who was re-elected as the chair of the professional group after an annual general meeting on Thursday evening, said he believed it would be "more acceptable to the public" if there is more flexibility to allow foreign barristers to participate in some national security cases.

"So far, [there are] other NSL cases that don't involve any secrecy or confidential information. There are quite a few. And in those matters, I think we can actually adopt a wait-and-see approach," he said.

"We believe that if you preserve the flexibility – and so far as impression is concerned, so far as [the authorities are] trying to explain the matter to the public, and so far as public's perception is concerned – we believe it will be conducive to the administration of justice and the rule of law...this is in line with other non-national security cases."

Meanwhile, Dawes said he and the two re-elected vice chairs will continue to lead the association to defend the rule of law and the administration of justice.

"Like many other countries, there are of course many challenges to the rule of law in Hong Kong. And it is understandable that certain members of the public may feel a bit pessimistic," he said.

"But our view is the rule of law and judicial independence will not simply vanish overnight, because of one person, one event or one piece of legislation.

"Our system has been in place for many years, and I hope the public will appreciate that our judges and the legal community have been working very hard to ensure that justice is being administered independently and fairly on a day-to-day basis."