Founder of the now-defunct Next Digital Jimmy Lai has been accused of two counts of conspiracy to collude with foreign forces and one count of collusion with foreign forces under the Beijing-imposed national security law, and could be jailed for life. Last year, the city's top court allowed him to hire British barrister Tim Owen - who does not have a full practice in Hong Kong - to defend him in his collusion trial originally set to begin last December.
The Standing Committee of the National People's Congress later interpreted the law and stated that the High Court should first obtain a certificate from the Chief Executive.
The Committee for Safeguarding National Security assessed the national security risks and subsequently advised the Immigration Department to reject Owen's work visa application. Lai had filed two judicial reviews to the High Court on the matter.
The first one requested the court to declare NPCSC's interpretation had no retrospective effect on Lai's case. The second one challenged the national security committee that it had gone beyond its powers to ask the Immigration Department to turn down Owen's work visa.
After opening the court session, the Chief Judge of the High Court Mr Justice Poon Shiu-chor issued a judgment today (May 19th) that Lai lost his lawsuit and refusal to grant permission for a judicial review application.
The applicant is Jimmy Lai, and the respondents are the Secretary for Justice, Committee for Safeguarding National Security of the Hong Kong Special Administrative Region and the Director of Immigration of Hong Kong. The main disputes between the two sides are whether the National Security Commission's suggestion to the immigration department to refuse to grant Tim Owen's visa is beyond its jurisdiction, and whether the court has the power to judge whether the National Security Commission's decision is beyond its authority.
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