Legal Win for Jimmy Lai

Lai's legal team has a boost with well-known UK barrister

A big win for Apple Daily founder Jimmy Lai Chee-ying -- to have his request granted of having a prominent British barrister represent him in his upcoming national security law collusion trial.

The Court of Appeal made the ruling on Wednesday, following a decision by High Court Chief Justice Jeremy Poon Shiu-chor last month to allow King's Counsel Tim Owen from London to join Lai's legal team for public interest.

Owen's participation was opposed by the Department of Justice and the Bar Association, but the latter did not lodge an appeal against the chief judge's ruling.

Owen has worked on many cases in Hong Kong

The department argued that overseas counsel could not explain to judges new perspectives on the national security law, that was imposed by Beijing in June 2020, as they lacked a full understanding of the city's unique socio-political and constitutional context.

In other words they claimed he was an outsider who did not have a full appreciation of what was going on in Hong Kong at the time.

But the appeal court dismissed the argument, saying: "The forthcoming criminal trial is a high profile case attracting substantial publicity locally and abroad. It involves the resolution of legal issues of great general public importance that would impact substantially on the development of [national security law] jurisprudence and sedition offences," Wednesday's judgment said, without identifying the author.

"Public perception of fairness in the trial is of vital importance to the administration of justice. The court must adopt a flexible and sensible approach to arrive at a decision that would best suit the public interest in this application."

High Court Chief Justice Jeremy Poon

The 74-year-old Lai will stand trial next month before a three-judge panel in the Court of First Instance on charges of conspiracy to collude with foreign forces and conspiracy to publish seditious material.

Prosecutors are accusing Lai of conspiracy to attract foreign sanctions or blockades against city and mainland Chinese officials through pieces published by his now-closed Apple Daily newspaper, as well as through a lobbying group he is alleged to have directed and financed behind the scenes.

Owen is no stranger to Hong Kong, having worked on several high-profile cases, including Rurik Jutting, an ex-British banker who was convicted of murdering two women in 2016, and the highest ranking officer among seven policemen prosecuted for assault on a protester during the 2014 Umbrella Movement.

The department must be fuming, and by extension the government. Some pundits on Twitter think the authorities may change the rules to prevent Owen from representing Lai but the timing might be too late for that.

This development has shown it is possible to get decent if not really good representation in court.

By the same token it also helps if you yourself refuse to go down without a fight, as in the case of Chow Hang-tung, who is remanded in custody and is facing two national security law charges including subversion.

Chow fighting every legal avenue from jail

She was a part of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, which organised the Tiananmen Square candlelight vigil every year in Victoria Park for 30 years. 

For that Chow says it is impossible for her to plead guilty she said in court. "Pursuing democracy is not a crime. I plead not guilty." 

A trained lawyer, Chow is defending herself and is methodically fighting whatever legal avenue she can think of, including making 15 bail applications for the two cases, but all have been denied.

But she did get a big win -- to allow the media to report on pre-trial hearings for national security law cases. Not only does that allow the media to report on how the national security law is applied, but also see the physical state of the accused in court.

Chow also uses the opportunity to shout out her slogans to the gallery, "Do not forget June 4. Resist till the end!" in a bid to publicise the goals of the movement.

Her biggest fear is not jail itself, but the world becoming indifferent to increasing abuse.

She seems prepared for the long fight along with Lai. They are not going gently into the good night.