Li Zhiying’s case of violating the “National Security Law” was adjourned until September this year, and his legal team has continued to make political moves in the UK.
The legal team wrote to British Prime Minister Sim Weicheng earlier, saying that Jimmy Lai is a British citizen, and his national security case is symbolic, hoping to discuss feasible ways with the British government to ensure Jimmy Lai’s release. The letter also questioned why the British government has not expressed its position on this case involving British citizens. Instead, the U.S. government condemned Li Zhiying following he was convicted of violating the lease agreement of the science and technology park. The letter also revealed that the lawyer team had successively requested meetings with two foreign businessmen in the UK. The request for the first meeting was rejected, and the request for the second meeting was denied.
Li Zhiying’s lawyer team failed to request, so they leaked the letter to the media. In the end, the Minister of State for Indo-Pacific Affairs of the British Foreign Office, Zhuo Yamin, was forced to meet them on January 10. The next day, Xin Weicheng responded to a question regarding Li Zhiying in the British House of Commons, saying that the “Sino-British Joint Declaration” stipulates that the rights of Hong Kong citizens can be guaranteed for 50 years. During this period, the United Kingdom has the right to intervene in Hong Kong affairs. Emphasize that it will defend Hong Kong’s freedom. It is said that before the meeting of the House of Commons, Conservative Party member and former party leader Shi Zhian and others met with Li Zhiying’s son Li Chongen to discuss the rescue of Li Zhiying.
The whole thing can be understood like this. Li Zhiying’s family and legal team asked the British government to intervene in the trial of Li Zhiying’s case, while the British Prime Minister claimed that the British government had the right to intervene in the case.
The incident revealed several problems:
First, Li Zhiying’s lawyer team is full of politics. If it is Li Zhiying’s family and friends, it is understandable to run for Li Zhiying. However, Jimmy Lai’s legal team keeps asking the British government to intervene politically in Jimmy Lai’s case. Obviously, this team of lawyers does not act like ordinary lawyers, trying to defend Jimmy Lai in court in order to get rid of the crime, but seeks foreign intervention in a political way . This also proves that the team is looking for Tim Owen, the British Queen’s attorney, to come to Hong Kong to represent Li Zhiying in court. It is likely to be politically motivated, rather than purely considering Tim Owen’s defense skills. Jimmy Lai and his legal team intend to bring the case to the international stage by hiring British lawyers to participate in the trial of the Hong Kong case.
Second, the incident is suspected of contempt of court. When officials from the British Foreign Office met Jimmy Lai’s lawyer team, the SAR government issued a statement stating that any attempt to evade due judicial proceedings by colluding with foreign governments is blatantly undermining the rule of law in the SAR and interfering in the SAR’s internal affairs. Behavior is likely to constitute contempt of court.
In a criminal case under trial, the defendant’s legal team openly asked foreign countries to interfere in Hong Kong’s judiciary, and the case involved collusion with foreign countries and violated the “National Security Law”. This is not a general contempt of court, but a serious contempt of court. These lawyers keep saying that Hong Kong must uphold the rule of law and judicial independence, but call foreign governments to interfere in politics. Does China’s interference in Hong Kong’s judiciary mean that there is no judicial independence, and does the British interference in Hong Kong’s judiciary mean that the judiciary is very independent?
Third, the Sino-British Joint Declaration does not empower the British government to intervene in Hong Kong’s trial. Xin Weicheng quoted the “Sino-British Joint Declaration” and said that the UK has the right to intervene in the Li Zhiying case. I don’t know if Xin Weicheng has read the “Sino-British Joint Declaration.” Article 3 of the statement clearly states: “The Hong Kong Special Administrative Region has the power of executive management, legislative power, independent judicial power and final adjudication power. The existing laws basically remain unchanged.” Under British colonial rule, Hong Kong has no power of final adjudication. The court of final appeal in Hong Kong is the Privy Council of the United Kingdom. After the return of Hong Kong, the central government empowered Hong Kong to set up a court of final appeal, and cases might be finally tried in Hong Kong. The country did not set up a Hong Kong court of final appeal in Beijing. The Sino-British Joint Declaration certainly did not empower Britain to intervene in court proceedings in Hong Kong. Xin Weicheng said that Britain has the right to intervene in the Hong Kong court trial. Where did it come from?
The conclusion is that Li Zhiying’s lawyer team is full of political nature. Instead of considering how to defend Jimmy Lai from a legal point of view, they are constantly seeking the British government to intervene in the trial of Hong Kong cases.
When the National People’s Congress interpreted the law, some legal circles pointed out that the law belongs to the law and politics belongs to politics, and the central government should not interfere. However, the actions of Jimmy Lai’s legal team proved that the incident is full of politics and foreign interference has existed for a long time. On the contrary, it proves that the National People’s Congress is necessary to interpret the law.
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Lu Yongxiong