Tim Owen’s visa to enter Hong Kong refused; Jimmy Lai seeks judicial review, says national security committee exceeded powers in recommending refusal
TimOwen來港簽證被拒 黎智英提司法覆核、指國安委越權建議入境處拒批簽證
Next Digital founder Jimmy Lai is charged with “conspiracy to collude with foreign forces”. In October 2022, the Court of First Instance approved his employment of British King’s Counsel Tim Owen to come to Hong Kong to defend him. The Department of Justice appealed, but its appeals were rejected by the Court of Appeal and the Court of Final Appeal. The Standing Committee of the National People’s Congress subsequently issued an interpretation of Articles 14 and 47 of the National Security Law at the Hong Kong government’s request, stating that a certificate issued by the Chief Executive should first be obtained before an overseas lawyer is hired in a case involving risks to national security. The trial was adjourned until September 2023. Jimmy Lai filed an application for judicial review in the High Court on Tuesday (the 11th), alleging that after the NPCSC interpretation, the Committee for Safeguarding National Security mistakenly believed it had a “new function”, assessed that Tim Owen’s entry to Hong Kong would pose a national security risk, and recommended that the Immigration Department refuse to issue him a visa. The applicant also alleged that the decision was inconsistent with the committee’s duties and usurped the powers conferred by Article 14 of the National Security Law. It further alleged that the Immigration Department refused the visa solely because of the committee’s decision, and asked the court to quash the relevant order.
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」，2022 年 10 月獲高等法院批准，聘用英國御用大狀 Tim Owen 來港抗辯。律政司不服提上訴，先後被上訴庭、終審法院駁回。全國人大常委會其後應港府提請，就《國安法》第 14 及 47 條釋法，指在危害國安案件批准聘任海外律師前，應先取得特首發出的證明書，案件押至 2023 年 9 月開審。 黎智英周二（11 日）入稟高院提司法覆核，指國安委在人大釋法後，誤解自己有「新功能」，評估 Tim Owen 來港會構成國安風險，建議入境處拒絕向他批出簽證。申請方又指，上述決定與國安委的職責不符、僭越《國安法》第 14 條權力，又指入境處純粹因為國安委的決定，而拒絕批出簽證，要求法庭撤銷相關命令。