- In letter seen by Post, Department of Justice asks barristers to respond in two weeks
- Legal practitioners also asked to keep private any information they receive while serving as the government’s counsel
Private practice lawyers who prosecute cases on behalf of the Hong Kong government have been asked to sign a new form to confirm their role in safeguarding national security, among other conditions.
In a letter issued on Monday, the Department of Justice asked barristers on the government’s briefing-out list who took up prosecution cases to indicate if they would comply with the new conditions in two weeks.
Seen by the Post, the letter by deputy director of public prosecutions William Tam Yiu-ho said the move was to ensure “the highest standard of professional performance” by the fiat counsel.
The letter highlighted Article 6 of the Beijing-imposed national security law and asked those on the list to “duly observe” the legislation, and that they “must not directly or indirectly in any way engage in any act or activities which may be regarded on reasonable grounds based on its nature as contrary to the interest of national security”.
Article 6 states that any institution, organisation or individual in Hong Kong must abide by the law and not engage in any act or activity which endangers national security.
The same article also requires all public officers and those standing for election to take an oath to uphold the Basic Law, the city’s mini-constitution, and swear allegiance to Hong Kong.
In the department’s letter, lawyers were also asked to keep private any information or instructions they received while serving as the government’s counsel, warning that failure to do so could amount to a breach of the Official Secrets Ordinance. They were also told to ensure they had no conflicts of interest in cases assigned to them.
The legal practitioners are expected to sign and return a copy of the letter by December 5 to confirm that they had agreed to the conditions.
