Discussion to answer whether foreign lawyers in HK can handle related cases

The Standing Committee of the National People's Congress — the nation's top legislature — has begun deliberations on interpreting the Hong Kong National Security Law, with prominent political figures in the special administrative region welcoming the move, saying it will help to boost international confidence in the SAR's legal system.

The deliberations began as the NPC Standing Committee started its meeting in Beijing on Tuesday.

Representatives of various sectors of Hong Kong's community said an interpretation will help to clarify the legislative intent of the city's National Security Law, offer Hong Kong people an accurate understanding, and solve the problem of whether overseas lawyers in the SAR can handle cases involving the law.

Chief Executive John Lee Ka-chiu submitted a request on Nov 28 for the Standing Committee to interpret the law after the SAR's top court — the Court of Final Appeal — allowed activist Jimmy Lai Chee-ying to hire King's Counsel Timothy Owen to defend him in a case concerning national security.

Lee made the request in accordance with Article 65 of the National Security Law for Hong Kong to clarify whether overseas lawyers, who are not qualified to practice generally in the SAR, can engage in national security cases.

The chief executive, who also chairs the Committee for Safeguarding National Security of the HKSAR, said he's grateful to the Standing Committee for accepting his request, and will be eagerly awaiting the outcome of the deliberations.

Henry Tang Ying-yen, a member of the Standing Committee of the National Committee of the Chinese People's Political Consultative Conference, expressed support for an interpretation of the law.

He believes it will help to clarify the law's legislative intent and improve its framework.

This will not only strengthen Hong Kong's protection of national security, but also lift international confidence in its judicial system, he said.

Wong Yuk-shan, a member of Hong Kong's Basic Law Committee under the Standing Committee, believes an interpretation by the Standing Committee — the most authoritative legislative body in the national constitutional framework — can help to fundamentally solve the problem of overseas lawyers practicing in Hong Kong, saying this is vital for the law's implementation.

He said although some local legal experts have proposed other steps to deal with the issue, such as revising the Legal Practitioners Ordinance, or regulating the work visas of foreign lawyers, such measures would have a limited effect.

Wong noted that the Standing Committee has made five interpretations of Hong Kong's Basic Law so far, helping the city to solve legal problems.

He believes a further interpretation will be in accordance with the constitutional framework, and will not undermine the city's rule of law or judicial independence.

Chan Hiu-fung, director of the AALCO Hong Kong Regional Arbitration Centre, said the interpretation is of vital significance in promoting a correct understanding of the law and ensuring the smooth practice of "one country, two systems".

He said, currently, the country has more than 294 laws, all of which have been updated to better serve the public need, and the Standing Committee constantly amends them.

The move is normal and in line with the practices of other jurisdictions, he said.