Chief executive’s new national security powers will not affect appeal prospects
Secretary for Justice Paul Lam says subsidiary laws provide greater clarity and certainty
As Hong Kong marks the 29th anniversary of its return to Chinese rule on July 1, the South China Morning Post talks to the city’s senior officials about the administration’s achievements so far and what may lie ahead.
Secretary for Justice Paul Lam Ting-kwok also described the defence of national security as “continuous work” to improve the city’s legal system, with subsidiary laws serving as a means to provide greater clarity and certainty.
“An appeal isn’t a retrial. The court will not hear new evidence and will only consider whether the judge made errors in the original verdict. I cannot see why classifying a case as national security would affect the prospects of an appeal,” he said.
Hong Kong passed new subsidiary legislation earlier this month to clarify the definition of national security offences by establishing a mechanism that vests certification power in the chief executive at any stage of proceedings.
The classification would affect the charges faced by defendants, including in relation to acts that occurred before the national security law came into force in 2020.