Hong Kong court denies Jimmy Lai's lawyer choice

Hong Kong's legal system faces new criticism following a ruling involving pro-democracy activist Jimmy Lai. On March 17, the Court of Final Appeal (CFA) denied Lai's request to have his preferred lawyer, Tim Owen KC, represent him. This decision has raised concerns among legal experts about the erosion of rule of law in the city. Lai, who is 77 years old, is currently on trial for national security offenses that could result in a life sentence. His legal team has been fighting to appeal a prior decision that blocked Owen from representing him. The controversy began in 2022 when the Hong Kong government initially allowed Owen to take on the case, but later sought to block him with the help of the Chinese government. In December 2022, Beijing issued a ruling that required the chief executive's approval for foreign lawyers in national security cases. Although Owen had already been approved, he was later denied a work permit by the national security committee. This move has been described by former judges as a serious compromise to Hong Kong's legal integrity, suggesting the government is acting with police-state authority. Legal experts like Jonathan Sumption and Paul Harris have expressed alarm at the principle that allows decisions by the national security committee to evade legal challenges. They describe this as a significant threat to the judicial system. The CFA did not provide a reason for rejecting Lai’s appeal but indicated it was deemed to lack merit. Some legal scholars argue that the CFA’s decision reflects a reluctance to challenge the national security law. They suggest that future legal questions regarding the committee's immunity may still be open. However, for Lai, this ruling closes the door on his attempt to have his chosen lawyer represent him, complicating his ongoing trial.