17 Mar 2025法庭線#6585
指國安委倡拒Tim Owen簽證越權 黎智英申上訴至終院被駁回
Apple Daily founder Jimmy Lai was charged with “conspiracy to collude with foreign forces”. In October 2022, the High Court approved his hiring of British King’s Counsel Tim Owen to come to Hong Kong to conduct his defence. After the Department of Justice lost its appeal, the Standing Committee of the National People’s Congress issued an interpretation of the National Security Law stating that, before approving the appointment of an overseas lawyer in a national security case, the court should first obtain a certificate issued by the Chief Executive.
In 2023, Lai applied for judicial review, challenging the Committee for Safeguarding National Security’s recommendation that the Immigration Department refuse to issue a visa to Tim Owen, arguing that the committee had exceeded its powers. The High Court rejected his application for leave. Lai then applied to the Court of Appeal for leave to appeal to the Court of Final Appeal, but was refused. He subsequently applied directly to the Court of Final Appeal for leave to bring a final appeal. The court’s Appeal Committee rejected the application on Monday (the 17th).
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。律政司上訴失敗後，全國人大常委會就《國安法》釋法，指法院在國安案批准聘任海外律師前，應先取得特首發出的證明書。
黎智英 2023 年入稟司法覆核，挑戰國安委建議入境處拒絕向 Tim Owen 批出簽證，指國安委越權，被高院駁回許可申請。黎向上訴庭申請上訴至終審法院被拒，再向終院直接申終極上訴許可，終院上訴委員會周一（17 日）駁回申請。
5 Jul 2024法庭線#3785
指國安委倡拒Tim Owen簽證越權 黎智英申上訴至終院 上訴庭拒批證明書
Next Digital founder Jimmy Lai Chee-ying was charged with “conspiracy to collude with foreign forces”. In October 2022, the High Court approved his hiring of British King’s Counsel Tim Owen to come to Hong Kong to defend him. After the Department of Justice lost its appeal, the Standing Committee of the National People’s Congress interpreted the National Security Law, stating that before a court approved the hiring of an overseas lawyer in a national security case, it should first obtain a certificate issued by the Chief Executive.
In 2023, Lai filed for judicial review, challenging the National Security Commission’s recommendation that the Immigration Department refuse to grant Tim Owen a visa, and alleging that the commission had acted beyond its powers. The High Court rejected his application for leave, and Lai’s subsequent application for leave to appeal was also rejected. Lai earlier applied to appeal to the Court of Final Appeal. On Friday (the 5th), the Court of Appeal issued its judgment refusing the application and reaffirming that decisions of the National Security Commission are not open to challenge by judicial review.
Under the law, a proposed appellant may apply to the Court of Appeal for a certificate to appeal to the Court of Final Appeal. If the Court of Appeal refuses to issue one, the applicant may still apply directly to the Court of Final Appeal’s Appeal Committee for both a certificate and leave to appeal.
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。律政司上訴失敗後，全國人大常委會就《國安法》釋法，指法院在國安案批准聘任海外律師前，應先取得特首發出的證明書。
黎智英 2023 年入稟司法覆核，挑戰國安委建議入境處拒絕向 Tim Owen 批出簽證，指國安委越權，被高院駁回許可申請，黎再申請上訴許可亦被駁回。黎早前申請上訴至終審法院，上訴庭周五（5 日）頒判詞拒絕申請﹐重申國安委決定不受司法覆核挑戰。
根據法例，擬上訴人可向上訴庭申請上訴至終院的證明書，而假若上訴庭拒發，仍可直接向終院上訴委員會，一併申請證明書及上訴許可。
29 Apr 2024法庭線#3458
指國安委倡拒Tim Owen簽證越權 黎智英申上訴被駁回 上訴庭指無空間作其他解讀
Apple Daily founder Jimmy Lai was charged with “conspiracy to collude with foreign forces”. In October 2022, the High Court approved his hiring of British King’s Counsel Tim Owen to come to Hong Kong to defend him. After the Department of Justice lost its appeal, the Standing Committee of the National People’s Congress issued an interpretation of the National Security Law stating that, before approving the engagement of an overseas lawyer in a national security case, the court should first obtain a certificate issued by the Chief Executive.
Last year, Lai filed for judicial review challenging the Committee for Safeguarding National Security’s recommendation that the Immigration Department refuse to grant Tim Owen a visa, arguing that the committee had exceeded its powers. Chief Judge of the High Court Poon Chun-ho rejected his application for leave. Lai applied again for leave to appeal on 16 April, but the application was dismissed the same day. His appeal against the trial court’s order for indemnity costs was also dismissed.
The Court of Appeal issued its written judgment on Monday (29th), stating that Article 14 of the National Security Law and the NPC Standing Committee’s interpretation “leave no room for any doubt or ambiguity”. It said there was no other reasonable interpretation and ruled that the court had no jurisdiction to review the national security committee’s decision.
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。律政司上訴失敗後，全國人大常委會就《國安法》釋法，指法院在國安案批准聘任海外律師前，應先取得特首發出的證明書。
黎智英去年入稟司法覆核，挑戰國安委建議入境處拒絕向 Tim Owen 批出簽證，指國安委越權，被高院首席法官潘兆初駁回許可申請。黎於 4 月 16 日再申請上訴許可，被即日駁回。黎就原訟庭彌償訟費（indemnity cost）的上訴亦同被駁回。
上訴庭周一（29 日）頒布書面裁決，指《國安法》第 14 條及人大釋法內容「沒有留下任何懷疑或含糊空間」（leaves no room for any doubt or ambiguity），無法作其他合理解讀，裁定法庭對國安委決定並無司法管轄權。
16 Apr 2024法庭線#3364
指國安委倡拒Tim Owen簽證越權 黎智英上訴被即日駁回 法官指釋法字眼清晰
Media tycoon Jimmy Lai, founder of Next Digital, was charged with “conspiracy to collude with foreign forces”. In October 2022, the High Court approved his appointment of British King’s Counsel Tim Owen to come to Hong Kong to represent him. After the Department of Justice lost its appeal, the Standing Committee of the National People’s Congress issued an interpretation of the National Security Law, stating that before a court approves the appointment of an overseas lawyer in a national security case, it should first obtain a certificate issued by the Chief Executive.
Lai last year applied for leave to seek judicial review, arguing that the Committee for Safeguarding National Security had exceeded its powers under the National Security Law by recommending that the Immigration Department refuse to grant Tim Owen a visa. The application was rejected by Chief Judge of the High Court Jeremy Poon. On Tuesday (16th), Lai’s side applied to the Court of Appeal for leave to appeal, but the application was dismissed the same day. Lai is currently standing trial on the charge of colluding with foreign forces and did not attend court.
The Vice-President of the Court of Appeal, Susan Shuk Hing Kwan, said the wording of Article 14 of the National Security Law and the NPC Standing Committee’s interpretation was clear, making it difficult for the court to interpret it in any other way. The Court of Appeal will issue its reasons for judgment within three months. Senior Counsel Philip John Dykes, representing Lai, said after the ruling that he intended to apply for a certificate to appeal to the Court of Final Appeal.
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。律政司上訴失敗後，全國人大常委會就《國安法》釋法，指法院在國安案批准聘任海外律師前，應先取得特首發出的證明書。
黎智英去年申請司法覆核許可，指國安委建議入境處拒絕向 Tim Owen 批出簽證，僭越《國安法》權力，被高院首席法官潘兆初駁回。黎一方周二（16 日）在高院上訴庭申請上訴許可，被即日駁回。黎正就勾結外國勢力案應訊，未有到庭。
上訴庭副庭長關淑馨指，《國安法》第 14 條及人大釋法字眼清晰，法庭難以其他方法解讀。上訴庭將於 3 個月內頒布裁決理由。代表黎的資深大律師戴啟思聞判表示，有意申請證明書上訴至終審法院。
14 Nov 2023明報#8643
Tim Owen本周兩講座取消 一在港大
British King’s Counsel Tim Owen was scheduled to give a talk at the HKU Faculty of Law this Friday evening. The faculty emailed attendees yesterday evening, saying the talk had to be cancelled due to “unforeseen circumstances”. The newspaper understands that another private discussion with Owen at a club in Central this week was also cancelled. Owen and the Faculty of Law had not commented by press time.
英國御用大律師Tim Owen原定本周五晚在港大法律學院舉辦講座，法律學院昨傍晚發電郵通知參加者，稱講座因「不可預見的情况」（unforeseen circumstances）而須取消。據本報了解，Owen在本周另一場在中環一會所的私人對談同樣亦取消。Owen及法律學院截稿前未置評。
3 Aug 2023法庭線#8139
指國安委越權建議拒Tim Owen簽證 黎智英申司法覆核許可被駁回 被頒令付訟費
Next Digital founder Lai Chee-ying was charged with “conspiracy to collude with a foreign country” and was granted permission by the court to hire British King’s Counsel Tim Owen to come to Hong Kong to defend him. 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 may be hired in a case endangering national security.
Lai earlier separately filed proceedings in the High Court and applied for leave for judicial review, asking the Secretary for Justice to declare that the NPCSC interpretation did not affect the court’s earlier decision approving Tim Owen’s coming to Hong Kong to defend him. He also argued that the Committee for Safeguarding National Security had exceeded its powers under the National Security Law by recommending that the Immigration Department refuse to issue Owen a visa. In May this year, Chief Judge of the High Court Jeremy Poon dismissed both the application for leave for judicial review and Lai’s summons application.
In a judgment on costs handed down on Thursday (the 3rd), Justice Jeremy Poon said Lai’s judicial review application was “wholly unmeritorious” and had no prospect of success. The National Security Law expressly states that the Committee’s decisions are not subject to challenge, and Hong Kong courts had no jurisdiction to supervise it. The application should not have been brought, the judge said, ordering Lai to pay costs on an indemnity basis.
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」，獲法庭批准，聘用英國御用大狀 Tim Owen 來港抗辯。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。
黎智英早前分別入稟高院及提司法覆核，要求律政司宣布，人大釋法不影響法院早前批准 Tim Owen 來港為其抗辯的決定，又指國安委建議入境處拒絕向他批出簽證，僭越《國安法》權力。高等法院首席法官潘兆初今年 5 月，一併駁回司法覆核許可申請及黎的傳票入稟。
法官潘兆初周四（3 日）就訟費頒下判詞，指黎智英的司法覆核申請完全沒有勝訴機會（wholly unmeritorious），《國安法》已列明國安委的決定不受挑戰，本港法院無權監督，不應提出申請，下令黎以彌償基準支付訟費。
6 Jun 2023法庭線#6566
指國安委越權倡拒Tim Owen簽證 黎智英申覆核許可被駁回提上訴
Media tycoon Jimmy Lai is charged with “conspiracy to collude with foreign forces.” In October 2022, the High Court approved his hiring of British King’s Counsel Tim Owen to come to Hong Kong to defend him. The Department of Justice, dissatisfied with the decision, appealed, but its appeals were successively 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 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 approving the appointment of an overseas lawyer in a case endangering national security.
Lai earlier applied for leave to seek judicial review, arguing that the National Security Committee had exceeded its powers under the National Security Law by recommending that the Immigration Department refuse to grant Tim Owen a visa. The application was ultimately rejected by High Court Chief Judge Jeremy Poon. Dissatisfied with the judgment, Lai lodged an appeal last Thursday (the 1st). According to the Judiciary’s website, no hearing date has yet been set.
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》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。
黎智英早前申請司法覆核許可，指國安委建議入境處拒絕向 Tim Owen 批出簽證，僭越《國安法》權力，最終被高院首席法官潘兆初駁回。黎智英不服判決，上周四（1 日）提上訴。根據司法機構網頁，案件尚未有聆訊日期。
19 May 2023法庭線#6463
指國安委越權倡拒Tim Owen簽證 黎智英申司法覆核許可被駁回
Next Digital founder Jimmy Lai was charged with “conspiracy to collude with foreign forces” and, in October 2022, was permitted to engage UK King’s Counsel Tim Owen to come to Hong Kong to defend him. The Department of Justice appealed, but its appeals were dismissed by the Court of Appeal and the Court of Final Appeal in turn. The Standing Committee of the National People’s Congress subsequently interpreted Articles 14 and 47 of the National Security Law at the request of the Hong Kong Government, stating that a certificate issued by the Chief Executive should first be obtained before an overseas lawyer is approved to act in cases endangering national security.
Lai filed proceedings in the High Court in March and sought judicial review in April, asking the Department of Justice to declare that the NPCSC interpretation would not affect the court’s earlier decision permitting Tim Owen to come to Hong Kong to defend him. He also argued that the Committee for Safeguarding National Security’s recommendation that the Immigration Department refuse to grant Owen a visa exceeded the powers conferred by the National Security Law. After a hearing, Chief Judge of the High Court Jeremy Poon on Friday (19th) dismissed both the application for leave to apply for judicial review and Lai’s application.
The judgment said that, when Articles 12 and 14 of the National Security Law were read together as a coherent whole, the Committee for Safeguarding National Security was subject to the direct supervision and control of the Central People’s Government, and its work was not subject to interference by any institution, including the courts. The relevant provisions also stipulated that the committee’s decisions were not subject to judicial review, making the legislative intent clear. The committee’s work under Article 14 fell within the exclusive responsibility of the Central People’s Government. Accordingly, the power to supervise the committee was reserved exclusively to the Central People’s Government, and the courts of the Hong Kong Special Administrative Region, as courts of a local administrative region, had been given no role or power.
壹傳媒創辦人黎智英被控「串謀勾結外國勢力」，2022 年 10 月獲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。
黎智英分別於 3 月及 4 月入稟高院及提司法覆核，要求律政司宣布人大釋法不會影響法院早前批准 Tim Owen 來港為其抗辯的決定，又指國安委建議入境處拒絕向他批出簽證，僭越《國安法》權力。經聆訊後，高院首席法官潘兆初周五（19 日）一併駁回司法覆核許可申請，及黎的入稟。
判詞指，以《國安法》第 12 條及第 14 條作為一個有連貫性的整體一併解讀，國安委接受中央政府的直接監督及控制，同時工作不受任何機關干涉，包括法院在内。有關條文亦訂明國安委的決定，不受司法覆核，立法原意十分清晰。而國安委在第 14 條下的工作，專屬中央政府事權，因此監督國安委的權力保留為中央政府專有，特區法院作為地方行政區域的法院，不獲賦予任何角色或權力。
10 May 2023獨媒#6423
立會通過限洋狀接國安案
The controversy over the interpretation of the law triggered by Jimmy Lai’s national security case ultimately led the Department of Justice to propose amendments to the Legal Practitioners Ordinance, creating multiple layers of scrutiny for overseas lawyers participating in national security cases. The Legislative Council resumed debate today. Ambrose San Keung Lam of the legal sector said the proposal did not impose a blanket ban on overseas lawyers, but instead made the Chief Executive and the Secretary for Justice the “goalkeeper” and “defender” respectively: “But Manchester United also have a defender called ‘Maimaisong’, and there is no guarantee that making a prolonged defence will not lead to mistakes.” The amendment ultimately passed its third reading by a show of hands in an anonymous vote, with no one raising a hand against it.
黎智英國安案觸發的釋法風波，律政司最終提出《法律執業者條例》修訂，設多重關卡審查海外律師參與國家安全案件。立法會今日恢復辯論，法律界林新強指方案未一刀切禁止海外律師，只是由特首和律政司分別擔任龍門及後衛，「但英國曼聯足球隊，都有個後衛叫『麥麥送』，無法擔保久守不會出錯。」修訂最終在不記名投票下，三讀舉手通過，無人舉手反對。
2 May 2023法庭線#6390
黎智英國安案 辯方申永久終止聆訊 指控方阻Tim Owen來港抗辯「是逼害非檢控」
Media tycoon Jimmy Lai and three companies linked to Apple Daily are charged with “conspiracy to collude with foreign forces” and other offences. The case is being heard without a jury. It was originally scheduled to begin on 1 December 2022, but was postponed until September 2023 after Chief Executive John Lee Ka-chiu asked the National People’s Congress Standing Committee to interpret the law to clarify the eligibility of lawyers to participate in national security cases.
The defence applied for a permanent stay of proceedings. The application was heard in the High Court on Tuesday (2nd). The defence said the process of appointing the “designated judges” was not transparent and lacked safeguards, creating an appearance of bias and affecting public perception. It also said the government had “maliciously” obstructed British King’s Counsel Tim Owen from coming to Hong Kong to defend Lai, describing the matter as “persecution, not prosecution”. The prosecution said the defence had made serious allegations without evidence to support them, and reiterated that the government had not acted improperly. After hearing submissions from both sides, the three judges said they would hand down their decision within a month, pending the judgment in another judicial review brought by Lai.
壹傳媒創辦人黎智英與《蘋果日報》3 間相關公司，被控「串謀勾結外國勢力」等罪。案件不設陪審團，原訂於 2022 年 12 月 1 日開審，行政長官李家超提請人大釋法，以釐清參與國安案律師資格，終押至 2023 年 9 月開審。
辯方申請永久終止聆訊，周二（2 日）在高等法院審理。辯方指委任「指定法官」過程不透明及缺乏保障，造成表面偏頗，影響公眾觀感。他又指，英國御用大狀 Tim Owen 遭政府「惡意」阻礙來港抗辯，形容「是逼害不是檢控」。控方則指，辯方提出嚴重指控，且無證據支持，重申政府沒有行為不當。3 名法官聽畢雙方陳詞，將於一個月內宣判，期間候黎智英另一宗司法覆核案裁決。
Translations are supplied by the source workbook. Consult the original reporting for context.
