“It is still up to the court to decide on other issues and the outcome of the case. In an opinion piece for the Post, Lam wrote: The chief executive does not usurp the court’s function.
Referring to the city’s small constitution, he added: “These arrangements in this regard do not harm the independent judicial power of Hong Kong courts, which is guaranteed by various provisions in the constitution.”
The lawsuit first arose when Lai, the founder of now-defunct Apple Daily, sought King counsel Timothy Owen to represent him in the foreign collusion case, which is currently set for Sept. 25.
Taking the matter to court, officials failed to block Lai’s proposal and subsequently said they would approach central authorities to interpret the National Security Act.
According to one of the interpreted clauses, the court must obtain a certificate from the chief executive to consider whether an act involves national security or whether the relevant evidence contains state secrets, when such questions arise in the adjudication of a case.
This supreme legislative body also said on Friday that the city’s National Security Protection Committee will take action if the court does not submit such a request to issue a certificate, and this decision will not be subject to judicial review according to Article 19.
Lam pointed to a similar provision in Article 19 of the constitution, which requires courts to seek certification from the chief executive on questions of government action, such as defense and foreign affairs, that do not fall within the city’s jurisdiction. Degree of autonomy
The Justice Secretary also defended allowing the National Security Protection Committee to make decisions that are not subject to judicial review, arguing that courts are ill-equipped to oversee matters in which they lack expertise, such as national security risk assessments.
He told the committee how to resolve the issue in accordance with the interpretation, explaining that there were “serious suggestions” that the legal practitioners’ order should be amended to prevent overseas lawyers from applying for temporary admission to handle security-related cases. be prevented nationally .
Brushing off accusations that Beijing’s legal interpretation could undermine Hong Kong’s rule of law, including its judicial independence, Lam said the move would give the city more autonomy to resolve legal challenges.
“This interpretation gives Hong Kong the authority to resolve this issue on its own in accordance with the National Security Act and allows Hong Kong to more effectively fulfill its constitutional duties to protect national security,” he said. do it.
The National Security Act targets the crimes of secession, subversion, terrorism and collusion with foreign forces. According to this law, the drafters gave the standing committee the right to interpret it.