[ad_1]
A Hong Kong court has upheld a decision to have senior British lawyers defend pro-democracy newspaper publisher Jimmy Lai in an upcoming national security trial.
Mr. Lai, the 74-year-old founder of Apple Daily, was arrested after Beijing imposed a sweeping national security law to suppress dissent following widespread protests in 2019.
He faces three charges, including conspiracy with foreign conspiracy and a separate charge of sedition. His trial is expected to begin on December 1.
China’s national security law criminalizes inheritance, subversion, terrorism and collusion with foreign powers. If convicted, Lai faces a maximum life sentence.
Despite objections from the city’s secretary for justice and the Hong Kong Bar Association, London’s secretary for justice, Timothy Owen KC, was approved by the court last month to represent Jimmy Lai, a lawyer specializing in criminal and human rights law. senior legal professionals.
At the time, the judge said the case was significant for “developing local case law on the application of national security laws and the protection of free speech,” adding that it was in the public interest to have prominent overseas experts like these. Mr Owen was involved in the trial.
Facing an appeal by the attorney general, an appeals court judge on Wednesday upheld a previous ruling, saying the public’s perception of a fair trial was important to the administration of justice.
“The court must take a flexible and informed approach to making the decision that best serves the public interest in this application,” they said.
Hong Kong, a former British colony, returned to China in 1997 and uses the same common law jurisdiction as the United Kingdom. In addition to having overseas judges serving on the city’s courts, common law lawyers from other jurisdictions can also work within the city’s legal system, especially when certain cases require their expertise.
Mr Owen, who works at Matrix Chambers, has appeared in high profile cases in Hong Kong in the past. He is representing British banker Rurik Jutting and a police officer in appealing his conviction for attacking a pro-democracy activist convicted of murdering two women during protests in 2014.
Lai has been jailed for 20 months for participating in an unauthorized assembly. He is also expected to be sentenced on Nov. 24 on his fraud conviction. The charges are separate from the National Security Act.
His legal team had earlier asked the United Nations to investigate his imprisonment and multiple criminal charges as “legal harassment” to punish his speech.
The enactment of the national security law has led to the arrest of many prominent pro-democracy activists. It has also damaged confidence in the future of the international financial centre, with an increasing number of young professionals responding to shrinking freedoms by moving abroad.
[ad_2]
Source link
