The country's top legislature has passed an interpretation of Hong Kong's national security law, clarifying that the courts need approval from the Chief Executive, or the committee on safeguarding national security, to allow foreign lawyers to take part in national security cases here.

Last month, Chief Executive John Lee asked the National People's Congress Standing Committee (NPCSC) to clarify whether overseas lawyers without the full qualifications to practise in Hong Kong can take part in national security cases.

The case stems from the SAR government's objection to former media tycoon Jimmy Lai being represented by a British lawyer in his upcoming national security trial. Local courts had repeatedly ruled against the administration.

According to Xinhua, the NPCSC concluded that an overseas lawyer who does not have the full credentials in the SAR may cause national security risks if he or she takes part in security cases.

The top legislature said this is a matter under Article 47 of the national security law, which stipulates that a certificate should be obtained from the Chief Executive.

It says if Hong Kong courts do not obtain such a certificate, then the committee on safeguarding national security, which the Chief Executive heads, should make a decision on the matter.

Article 47 states that, "[Hong Kong courts] shall obtain a certificate from the Chief Executive to certify whether an act involves national security or whether the relevant evidence involves state secrets when such questions arise in the adjudication of a case. The certificate shall be binding on the courts."

The interpretation also reiterated that, according to Article 14 of the security law, the committee's work is not open to the public, and cannot be challenged through judicial reviews.

"Any administration, legislative and judicial bodies or any organisations and persons cannot intervene in the work of the HKSAR committee on safeguarding national security, and they should respect and execute the committee's decisions," the NPCSC concluded.

The judiciary said in a statement that it respects the lawful exercise of power by the NPCSC to make the legally binding interpretation.

"[The judiciary] will, in the exercise of its independent judicial power under the Basic Law, impartially perform its judicial functions and handle cases involving national security accordingly," it wrote.

It added that, according to Article 3 of the security law, it will prevent, suppress and impose punishment for any act endangering national security in accordance with the law.
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Last updated: 2022-12-30 HKT 21:41