HONG KONG — The city’s Secretary for Security, Chris Tang Ping-keung, has emerged to defend proposed regulations that could limit specific lawyers’ access to prisoners, following criticism from lawmakers who deemed the initiative absurd. Tang assured members of a security panel that adequate evidence and intelligence would be presented to justify restricting particular legal representatives from visiting inmates.
During a meeting held on Monday, Tang emphasized that any such restrictions would require a magistrate’s approval. He stated that the government would need to substantiate its claims sufficiently to obtain a court warrant for the limitations on legal visits. This reflects the government’s approach to maintaining order within the corrections system, suggesting that intelligence on potential misconduct by lawyers would play a crucial role in any legal restrictions.
“We will inform the court if we gather intelligence indicating that a lawyer may be involved in illicit activities, such as smuggling items out of prison,” Tang noted, alluding to previous incidents without disclosing specific details. The controversial guidelines arise from concerns about maintaining prison security and integrity as authorities grapple with evaluating the role of legal professionals in potentially criminal behaviors.
Activist Owen Chow Ka-shing, who is currently incarcerated under the national security law, faced a fine of HK$1,800 (approximately US$230) for directing one of his legal advisers to escalate his grievances regarding the Correctional Services Department to the Office of the Ombudsman. Chow’s case exemplifies the tension between legal rights and governmental oversight in the current political climate.
Lawmaker Paul Tse Wai-chun challenged the government’s plans during the panel discussion, raising questions about the criteria that would justify a court warrant for limiting a lawyer’s access to a client. He pointed out the confidential nature of legal communications and the dilemma authorities face in collecting admissible evidence, given that prison visit discussions are not monitored.
“What rationale would allow the government to pursue such a warrant, especially if officials cannot overhear the conversations taking place? If this warrant is put to judicial review, the government will need clear explanations. What evidence will sufficiently support this request?” Tse pressed, highlighting the potential legal and ethical pitfalls of the proposed measures.
As tensions mount in Hong Kong’s legal landscape, the implications of these proposed changes extend beyond inmate access to legal counsel, raising critical questions about the state of civil liberties in the region.
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