Hong Kong

A plea filed by jailed media mogul Jimmy Lai challenging Beijing security officials’ decision to bar his British lawyer from representing him in a national security trial was rejected by the Hong Kong court on Friday.

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Lai, who founded the now-defunct Apple Daily tabloid, was charged under a security law—imposed by Beijing in 2020 to curb dissent—claiming that he “colluded with foreign forces”.

High Court judge Jeremy Poon noted that the Hong Kong courts have no jurisdiction over the Beijing government.

"The duties and functions of the NSC  (National Security Committee)... are matters well beyond the ... courts' institutional capacity," Poon said, according to Reuters news agency.

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Notably, Poon had earlier supported Lai’s choice of lawyer. The Friday ruling marks the culmination of Lai’s long-drawn legal battle. Earlier, three levels of Hong Kong's courts previously allowed Lai to be represented by veteran British human rights barrister Tim Owen.

However, the Beijing government 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, according to local reports.

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Lai awaits trial

The 75-year-old founded the pro-democracy Apple Daily newspaper. He was forced to shut down in 2021 following a raid the police.

Last December, he was jailed for five years and nine months last December on a fraud charge and now faces four charges under the security law and a colonial-era sedition law that could see him jailed for life.

Media tycoon Jimmy Lai to go on trial under National Security law

Lai has pledged to plead not guilty. His trial is scheduled to begin in September.

Undermining Hong Kong’s legal autonomy

Ever since the imposition of the contentious security law, Hong Kong has been gradually losing its autonomous status and fundamental liberties.

The ruling showcases that Hong Kong courts have ceded their judicial autonomy despite the city’s supposed independence.

Echoing similar concerns, a lawyer for Lai, Robert Pang, argued that if the court could not step in when the NSC overstepped its power, Hong Kong was "saying goodbye to a huge chunk of our rule of law".

"You cannot have a body which can simply say magic words (on) national security, and be able to be free from any challenge," Pang was quoted as saying by Reuters.

(With inputs from agencies)

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