SJ Backs Recent Move To Interpret Security Law

Justice Secretary Paul Lam on Monday backed Chief Executive John Lee’s recent move to ask the National People’s Congress Standing Committee (NPCSC) to interpret Hong Kong's national security law.

The NPCSC agreed to Lee's request, making a ruling relating to whether foreign barristers can take part in national security trials.

Speaking at the opening of the legal year, Lam noted that some people had suggested the interpretation expanded the powers of the chief executive and the Committee for Safeguarding National Security, eroding the judiciary's independent judicial power and putting the chief executive and the committee above the law.

“Such suggestions are plainly wrong and misconceived. The interpretation is, by definition, a clarification of the original intent and purpose of those provisions; it does not confer any new power on anyone,” he said.

Chief Justice Andrew Cheung said the judiciary respects the exercise of the authority by the NPCSC to interpret the national security law.

"You would accept that Hong Kong is an SAR. It is not a separate sovereign entity," he said.

"So of course there are matters which are dealt with, or which are reserved to be dealt with, by some other organs of power under our constitution and even under the Basic Law. I don't think that is surprising at all," Cheung said.

He added that he doesn't think national security issues are impacting the court's jurisdiction.

The chairman of the Bar Association, Victor Dawes, also commented on the security law interpretation at the opening of the legal year.

“The exercise of any power by the chief executive and the committee has important ramifications on several cornerstone features of our legal system - the right to be legally represented, the right to a fair trial, and the perception of fairness in a trial. These are all fundamental and foundational matters to the rule of law and the administration of justice in Hong Kong,” he said.

“We urge and expect the chief executive and the committee to exercise their power with great caution and restraint, with these fundamental matters in close view,” Dawes added.

The president of the Law Society, Chan Chak-ming, meanwhile, said the NPCSC’s power of legislative interpretation has been used sparingly and with caution.

The Justice Secretary also reiterated that one of the focuses of his work is to promote education on the rule of law.

"It is crucial to maintain and enhance people's trust and confidence in the legal and judicial system. Since false and misleading information may spread from time to time, it is important to educate the general public on some basic and correct knowledge about our system,” Lam said.

“While we must hold on to the core values of the system such as the importance of judicial independence, it is necessary for us to adapt to needs and changes in society, in particular, to ensure that people will have access to justice in an affordable and efficient manner.”