#BREAKING HK leader John Lee said he would propose to Beijing to request an interpretation of #NSL regarding ad hoc admission of overseas counsels.
John Lee: The right to legal representation for defendants in a nat sec case means he/she can freely choose from counsels who are fully qualified to practice in HK, not to choose from foreign counsels without such qualification.
John Lee: Hence even when a nat sec defendant cannot hire an overseas counsel, it’s still in accordance with the requirements to guarantee the accused’s rights and freedom provided in the article 4 and 5 of #NSL .
John Lee on foreign judges: Judges... have gone through the mechanism of recommendation and appointment and have passed integrity screening. NSL also provides a designated judge system to guarantee the law’s smooth operations. These two matters cannot be mixed as one.
John Lee: This time we are targeting overseas counsels and lawyers who basically have no right to practice in Hong Kong. We are targeting this type of people instead of nationality. Lawyers practicing in Hong Kong now can have different nationalities and work on different cases.
John Lee: It would be appropriate for the SJ to seek an adjournment to the actual trial. And we shall proceed to do that.
John Lee: There is no effective means to ensure that a counsel from overseas will not have conflict of interest because of his nationality, and there is also no means to ensure that he has not been coerced, compromised or in any way controlled...
...by foreign government, associations or persons, there are also no effective means to ensure that a counsel from overseas will comply with NSL63 that during his legal practice he would keep secret of info such as state secret, commercial secret and personal details.
John Lee: Throughout the whole appeal process, the DOJ has tried their best and put forward the strongest, and more comprehensive submissions.... I fully recognised DOJ’s efforts and I respect the court ruling.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
A #thread on what led to HK leader's propose of first interpretation of #NSL, what questions have arisen from his proposal, and what may be at stake as the matter continues to unfold.
It started with #JimmyLai hoping to engage veteran British lawyer Tim Owen KC for #NSL trial.
Jimmy Lai, founder of the now-shuttered #AppleDaily, is charged of 2 counts of "conspiracy to collude with foreign forces" under the #NSL and 1 count of "conspiracy to publish seditious publication" under HK's Crimes Ordinance. The former can lead to life in jail.
While all the other individuals involved in Lai's case have pleaded guilty, Lai and 3 #AppleDaily companies were originally scheduled to stand trial from 1 Dec. The date was fixed by 3 designated #NSL judges although Lai's HK lawyer made it clear he would not be available.
#NOW on #CUHK campus dozens of students gathered , with white papers in hand, to mourn the victims of the #UrumqiFire and protest China’s stringent covid measures , chanting slogans put on Beijing’s Sitong Bridge last month in Cantonese and Mandarin.
“We are not foreign forces! We are Chinese youth!”
A bus transferring residents from Guiyang to QT camp crashed and killed 27
13 Oct
A man put up large protest banners on Sitong Bridge in Beijing. He was taken away and no update of whereabouts since.
24 Oct
An mainland Chinese engineer working in HK was arrested for putting up posters supporting the Sitong Bridge man’s cause. He was released on police bail.
Late October
Workers fled Foxconn iPhone factory in Zhengzhou and walked miles to escape lockdown.
7 Nov
A 55yo woman jumped from her home in a residential building in Hohhot, Inner Mongolia. Her daughter watched her dying while no one opened the iron door set up for lockdown.
11 Nov
State Council issued the “20 Articles” to improve covid control measures.
#BREAKING HK Cardinal Joseph Zen and 5 fellow democracy supporters are found guilty of failing to register the #612HumanitarianFund as a society.
Cardinal Zen refused to be given a lesser sentence. Presiding magistrate Ada Yim proposed to put 6 Ds into 3 categories according to their roles in the fund (D2; D345; D56) when considering their sentences.
Zen told Margaret Ng: we five are all the same, all the same.
The 5 former trustees are each fined HKD4,000 and the former secretary HKD2,500.
#Thread about HK prosecution's opening statement on the #StandNews "conspiracy to publish seditious publications" case.
In the 53-page document, the prosecutor wrote 3 times that the seditious intent in the articles were "self-evident" 不言而喻/不宣而告.
The prosecution said the crux of their case is not about the defendants, namely Best Pencil Ltd, Chung Pui-kuen and Patrick Lam "taking actual actions in accordance with their unlawful agreement", but that they "had reached an unlawful agreement to publish seditious publications"
As said on the first day, the prosecution said they do not have to prove the seditious intent in the defendants; they only have to prove that the defendants were aware of the seditious intent in the articles.