Earth Science News
DEMOCRACY
Hong Kong court rejects Jimmy Lai challenge to national security body
Hong Kong court rejects Jimmy Lai challenge to national security body
by AFP Staff Writers
Hong Kong (AFP) May 19, 2023

A Hong Kong court on dismissed Friday a legal challenge by jailed pro-democracy media tycoon Jimmy Lai, conceding it had "no jurisdiction" over Beijing's national security apparatus in the city.

Lai, founder of the now-shuttered tabloid Apple Daily, is awaiting trial for alleged "collusion with foreign forces" -- an offence under a security law Beijing imposed in 2020 to quell dissent.

Three levels of Hong Kong's courts previously allowed Lai to be represented by veteran British human rights barrister Tim Owen, overruling repeated objections from the government.

But Beijing intervened in December, announcing that city leader John Lee would have the power to bar foreign lawyers from national security trials.

The National Security Committee -- a top-level government body answering directly to Beijing -- then advised immigration authorities to withhold Owen's working visa.

High Court judge Jeremy Poon -- the same justice who backed Lai's lawyer choice in a ruling last year -- on Friday ruled the media tycoon could not contest the committee.

"(Hong Kong's) courts have no jurisdiction over the work" of the National Security Committee, he wrote in a decision.

"The supervisory power over the (committee) is hence reserved to the Central People's Government exclusively," he said, adding that local courts have "neither training nor expertise" to deal with the committee's work.

Poon's ruling on Friday underscores Beijing's ability to trump Hong Kong courts, despite the city's guarantee of judicial independence from the mainland legal system.

Hong Kong's common law tradition, inherited from British colonial rule and distinct from the mainland Chinese system, had been key to its appeal as an international legal and business hub.

But under the security law -- imposed by Beijing to stamp out opposition after massive pro-democracy protests in 2019 -- critics say Hong Kong has seen its autonomous status and freedoms steadily eroded.

Last week, in an echo of Beijing's December intervention, Hong Kong's opposition-free legislature imposed a blanket ban on foreign lawyers in national security trials, unless approved by city leader Lee.

- 'Passive' court -

Eric Lai, a fellow at Georgetown University's Center for Asian Law, said it was "disappointing that the court chooses such a passive position".

"The ruling demonstrates that Hong Kong's judicial independence and rule of law have limits... It is worrying that the court appears not to perform checks and balances against local government misuse of power in the name of (safeguarding) national security," the scholar told AFP.

At an earlier hearing, the media tycoon's lawyer argued that if the committee was beyond Hong Kong's jurisdiction, it could arbitrarily jail people or seize private property and victims would have no recourse -- which judge Poon on Friday dismissed as "alarmist".

Lai's trial, originally scheduled for December, was postponed to September due to the lawyer dispute. He faces life in prison if convicted.

More than 100 media leaders globally signed a Reporters Without Borders petition this week calling for the 75-year-old's release.

The Hong Kong government condemned the petition as a "wrongful attempt to interfere with the judicial proceedings".

Related Links
Democracy in the 21st century at TerraDaily.com

Subscribe Free To Our Daily Newsletters
Tweet

RELATED CONTENT
The following news reports may link to other Space Media Network websites.
DEMOCRACY
'Sign of the times': Thai election a referendum on the army
Bangkok (AFP) May 16, 2023
In a country long bedevilled by coups, Thai voters' resounding rejection of the army-backed government speaks to the deep frustration felt by many after decades of power struggles, protests, coups - and no change. The campaign pitted opposition parties Pheu Thai and Move Forward Party (MFP) and their promises of democracy and reform against the ageing generals leading the government, among them Prime Minister Prayut Chan-O-Cha who first came to power in a 2014 coup. Overwhelmingly, Thais cast t ... read more

DEMOCRACY
Early warning systems send disaster deaths plunging: UN

Two bodies found in Chinese fishing vessel crew search

China calls on Australia to boost ship search efforts

Colombian soldiers hunt for children who survived air crash

DEMOCRACY
Terran Orbital PTD-3 enables 200Gbits space-to-ground optical link

Developing an ultraprotective sunscreen from our own melanin

Beauty brand Lush unveils new Green Hub but business comes first

EU targets fast fashion in push for durable goods

DEMOCRACY
US states reach agreement to save dwindling Colorado River

Iran says 'reserves' right to act on Afghan water dispute

Papua New Guinea, US to sign security pact with eye on China

Against the stream: Iraq artist battles to save boating tradition

DEMOCRACY
UAF scientists to hunt for clues about Arctic Ocean glaciation

Antarctica's heart of ice has skipped a beat

Why Antarctic ice shelves are losing their mass and how it leads to global sea level rise

Past climate change to blame for Antarctica's giant underwater landslides

DEMOCRACY
EU's next food fight: regulating gene-edited crops

The Noah's Ark for plants beneath the English countryside

Gaza beekeeper tends hives by restive border

Automated agricultural machinery requires new approaches to ensuring safety

DEMOCRACY
Italy's Etna spews ash, closing Catania airport

Italy's Meloni visits flood-hit region

Mexico raises alert level as volcano ejects smoke, ash, lava

Typhoon Mawar heads for US island of Guam in Pacific

DEMOCRACY
U.N. urges Sudan's warring sides to choose peace as cease-fire goes into effect

Private media boycott Guinea junta over restrictions

Air strikes shake Khartoum as Sudan rivals agree 1-week ceasefire

Zimbabwe holds talks over plan to take half carbon credit revenue

DEMOCRACY
Oldest architectural plans detail mysterious desert mega structures

Evidence of Ice Age human migrations from China to the Americas and Japan

Scientists reveal more inclusive update to human genome

Archaeologists map hidden NT landscape where first Australians lived more than 60,000 years ago

Subscribe Free To Our Daily Newsletters




The content herein, unless otherwise known to be public domain, are Copyright 1995-2024 - Space Media Network. All websites are published in Australia and are solely subject to Australian law and governed by Fair Use principals for news reporting and research purposes. AFP, UPI and IANS news wire stories are copyright Agence France-Presse, United Press International and Indo-Asia News Service. ESA news reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. All articles labeled "by Staff Writers" include reports supplied to Space Media Network by industry news wires, PR agencies, corporate press officers and the like. Such articles are individually curated and edited by Space Media Network staff on the basis of the report's information value to our industry and professional readership. Advertising does not imply endorsement, agreement or approval of any opinions, statements or information provided by Space Media Network on any Web page published or hosted by Space Media Network. General Data Protection Regulation (GDPR) Statement Our advertisers use various cookies and the like to deliver the best ad banner available at one time. All network advertising suppliers have GDPR policies (Legitimate Interest) that conform with EU regulations for data collection. By using our websites you consent to cookie based advertising. If you do not agree with this then you must stop using the websites from May 25, 2018. Privacy Statement. Additional information can be found here at About Us.