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Re admission of Timothy Wynn Owen KC to defend Jimmy Lai Chee Ying in NSL case

HK Court of Appeal, 21-Nov-2022

Leave to appeal to the CFA is refused. Now on his 4th Senior Counsel, the SJ is represented by former SJ Rimsky Yuen. Biting the cherry again, he claims 2 new points (which should've been raised in the first instance): (1) that overseas counsel might leak State Secrets and are not subject to local discipline - but the NSL has global effect, and England & Wales Barristers are subject to global regulation under their Bar Standards Handbook; and (2) that there should be a presumption against overseas counsel in NSL cases. The court writes "Contrary to Mr Yuen’s submission that he seeks to establish matters of principle, we consider this an unprincipled approach and goes against the grain of guiding principles for the exercise of judicial discretion. It is an untenable proposition".

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