Eric Yan-ho Lai 黎恩灝 Profile picture
May 10 7 tweets 3 min read Twitter logo Read on Twitter
1/Today, the HK legislature passed legal amendments that empowers the executive govt to bar foreign lawyers from handling cases concerning national security in #HK. This is another example of damaging #HK's integrity of the legal system. See my thread: asia.nikkei.com/Spotlight/Hong…
2/ The legislation works against the tradition of allowing foreign lawyers without full qualification in Hong Kong to handle cases under the discretion of the court, now this discretion has shifted from the court, which would make decisions on the basis of merit, to the executive… twitter.com/i/web/status/1…
3/ The vague definition of 'cases concerning national security' in the bill implies that the government can arbitrarily use the new powers to allow or prohibit foreign lawyers from taking up local cases, whatever civil or criminal, on the over-broad ground of 'national security.
4/ The amendments also disallow the court to review and challenge the decisions on admitting or barring foreign lawyers from taking cases by the chief executive. This is another instance of undermining judicial independence, and make executive government above the court.
5/ See my further comments here: reuters.com/world/asia-pac…
6/ And my article in the Diplomat on this matter: thediplomat.com/2023/03/hong-k…
7/ Thanks Reuters and Nikkei Asia for the timely reporting! @pakwayne @JessiePang0125

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More from @laiyanhoeric

Apr 24
1/BREAKING: #UN Special Rapporteur on the independence of judges and lawyers sent a communication letter to the #PRC Government on #HK's #NSL, legal aid and law reforms affecting local & overseas #lawyers. Images are extracts. Full text: spcommreports.ohchr.org/TMResultsBase/… ImageImageImage
2/ This letter of communication covers issues of human rights protections, judicial independence, fair trial under the NSL, as well as police powers, legal aid reforms, new cap of judicial review, foreign counsel and the latest government proposed bill of the Legal Practitioners… twitter.com/i/web/status/1…
3/ Impressive quotes can be found: 'Many of the provisions in the NSL seem to be at odds with your Excellency’s Government international legal obligations, in particular as set out in the ICCPR and customary law norms recognized in the UDHR.'
Read 8 tweets
Dec 30, 2022
1/ Beijing's interpretation of #HK's #NSL (articles 14 and 47) fully empowers the Committee for Safeguarding National Security to override judicial decisions in the future, if local courts fail to obtain certificates from the Chief Executive in light of national security matters.
2/ Theoretically, the NSL interpretation today creates a de facto Prerogative State like what Germany had in the 1930s, when national security authorities enjoys privileges to adjudicate political trials whereas local courts operated in parallel to handle other disputes.
3/ The NSL interpretation solves whether overseas lawyers (without full qualification in HK) could defend NSL cases. This does not only lie in criminal cases but also civil matters. Now, the National Security Committee can trump all judicial decisions: info.gov.hk/gia/general/20…
Read 5 tweets
Jul 27, 2022
5 key takeaways from the UNHRCom’s first Concluding Observations on Hong Kong re ICCPR since the NSL was enacted. Link to the COs today: tbinternet.ohchr.org/Treaties/CCPR/… (1/x)
1/ the CO stresses that anyone or NGO engaging in the UN human rights bodies must not be criminalised or at risk of reprisals (para 50), whereas the HKG refused to warrant free participation of individuals and groups in UN mechanisms in the hearings.@UNHumanRights (2/x)
Civil society organisations, espy trade unions and human rights groups engaging in the UN mechanisms and global community must not be read as colluding with foreign forces.  (3/x)
Read 11 tweets
May 4, 2022
1/Strongly recommend everyone to read the transcript of @UKSupremeCourt Lord Reed's comment on his resignation from HK's Court of Final Appeal. Powerful and humble response to the legal compradors in #HK: committees.parliament.uk/oralevidence/1…
2/some quotes: "The courts themselves were continuing to operate in accordance with rule of law values, although they were under pressure. It has to be said that one cannot completely divorce what was going on in the courts from what was going on outside the courts"
3/"One was the use of powers conferred by the (NSL) to close down businesses and seize property.The other was the arrest of people on charges of having violated either the national security law or laws passed during the period of British rule concerned with sedition,for example."
Read 7 tweets
Dec 17, 2021
10 Things You Need to Know about the 2021 #LegislativeCouncil #Elections in #HongKong

1/ Candidates are Chosen by the Authorities: All candidates were approved by the state-led Candidate Eligibility Review Committee on the basis of reports by national security police… Image
2/ Dozens of former election candidates are captured in pre-trial detention: Let’s not forget that this election should have been held last year, after the citywide pro-democracy’s primary election with more than 610,000 citizens casting ballots…
(Cont’) The government then postponed the election, and arrested 55 of the participants in that primary election, which was perceived as a subversive act by Beijing. Among the arrestees, 47 of them are charged with subversion, and only 14 of the defendants were granted bail…
Read 15 tweets
Oct 25, 2021
1/ Here is my observations on HKSAR v Ma Chun Man (2021), which has a Chinese verdict and an English Press Summary for now: legalref.judiciary.hk/lrs/common/ju/… (20 tweets,beware!)
2/x The reasons for verdict have 84 paragraphs, and only 4 of them discuss the court’s view on human rights jurisprudence. Sadly, they are insufficient, incoherent and not up to international standard. (See para.46-47, 64-65) #HK #NSL
3/x in para.46, The verdict cited the Jimmy Lai case at the CFA (FACC1/2021) to state article 4 of the NSL safeguards basic rights and freedoms according to Hong Kong law…
Read 20 tweets

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