Owen, Timothy Wynn
Re admission of Timothy Wynn Owen KC to defend Jimmy Lai Chee Ying in NSL case
HK Court of Final Appeal, 28-Nov-2022
Application for leave to appeal is dismissed. The court writes: "in relation to ad hoc admissions, where national security considerations properly arise, such considerations are plainly of the highest importance to be taken into account. In the present case, however, the SJ has fundamentally changed his case only at the stage of seeking leave to appeal to this Court, raising undefined and unsubstantiated issues said to involve national security which were not mentioned or explored in the Courts below."
HK Court of Final Appeal, 28-Nov-2022
Application for leave to appeal is dismissed. The court writes: "in relation to ad hoc admissions, where national security considerations properly arise, such considerations are plainly of the highest importance to be taken into account. In the present case, however, the SJ has fundamentally changed his case only at the stage of seeking leave to appeal to this Court, raising undefined and unsubstantiated issues said to involve national security which were not mentioned or explored in the Courts below."
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".
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".
Re admission of Timothy Wynn Owen KC to defend Jimmy Lai Chee Ying in NSL case
HK Court of Appeal, 9-Nov-2022
Dismissing the appeal of the Secretary for Justice against admission, the Court writes: "It is of vital importance in the early days of the NSL that our jurisprudence should be developed on solid foundations to reflect adherence to the rule of law in accordance with internationally adopted judicial standards. It would clearly be in the public interest to have the contribution of eminent jurists in developing our jurisprudence in the NSL" and "Public perception of fairness in the trial is of vital importance to the administration of justice"
HK Court of Appeal, 9-Nov-2022
Dismissing the appeal of the Secretary for Justice against admission, the Court writes: "It is of vital importance in the early days of the NSL that our jurisprudence should be developed on solid foundations to reflect adherence to the rule of law in accordance with internationally adopted judicial standards. It would clearly be in the public interest to have the contribution of eminent jurists in developing our jurisprudence in the NSL" and "Public perception of fairness in the trial is of vital importance to the administration of justice"
Re admission of Timothy Wynn Owen KC to defend Jimmy Lai Chee Ying in NSL case
HK Court of First Instance, 19-Oct-2022
Chief Judge Jeremy Poon: "the construction exercise at the trial will most probably involve an in-depth and rigorous analysis of the intricate interplay between national security and the constitutional right to the freedom of expression... it is clearly in the public interest to admit an overseas specialist as eminent as Mr Owen so that the court will have the best assistance to tackle the formidable task at hand."
HK Court of First Instance, 19-Oct-2022
Chief Judge Jeremy Poon: "the construction exercise at the trial will most probably involve an in-depth and rigorous analysis of the intricate interplay between national security and the constitutional right to the freedom of expression... it is clearly in the public interest to admit an overseas specialist as eminent as Mr Owen so that the court will have the best assistance to tackle the formidable task at hand."
HKSAR v Jack Chen Keen, Hao May (fka Wang May Yan) & Eric Yee Wenjye
HK Court of First Instance, 18-Jun-2021
The jury in this retrial is discharged on day 57 after a prosecution witness, Kerry Joel Knight, himself a New Zealand barrister, blurted out that Hao May had told him that she had previously been convicted and served jail time. The jury wasn't supposed to know that, although we note that the original trial and the successful final appeal was in the public domain.
HK Court of First Instance, 18-Jun-2021
The jury in this retrial is discharged on day 57 after a prosecution witness, Kerry Joel Knight, himself a New Zealand barrister, blurted out that Hao May had told him that she had previously been convicted and served jail time. The jury wasn't supposed to know that, although we note that the original trial and the successful final appeal was in the public domain.
HKSAR v Jack Chen Keen, Hao May (fka Wang May Yan) & Eric Yee Wenjye
HK Court of Final Appeal, 30-Aug-2019
At final appeal, the convictions are quashed and a retrial is ordered, on grounds of "duplicity": there were 2 separate charges of conspiracy to defraud involving different particulars and different co-conspirators and "there is a risk that the jury had not arrived at a valid verdict against the same appellants based on an agreement to employ the same dishonest means".
HK Court of Final Appeal, 30-Aug-2019
At final appeal, the convictions are quashed and a retrial is ordered, on grounds of "duplicity": there were 2 separate charges of conspiracy to defraud involving different particulars and different co-conspirators and "there is a risk that the jury had not arrived at a valid verdict against the same appellants based on an agreement to employ the same dishonest means".
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