FOR IMMEDIATE RELEASE     12 August 2025｜Hong Kong

Hong Kong — The Hong Kong Rule of Law Initiative (HKROLIN) Institute today submitted Judicial Accountability Complaint #2A to the Secretariat for Complaints against Judicial Conduct, alleging serious misconduct by the Court of Final Appeal (CFA) Appeal Committee in its handling of FAMV103/2024 — the case arising from the Hong Kong Government’s denial of a work visa to eminent UK barrister Timothy Owen KC. The denial was based on the Standing Committee of the National People’s Congress (NPCSC)’s 2022 interpretation of the Hong Kong National Security Law (HKNSL).

Mr Owen had previously been approved by the CFA Appeal Committee to represent democracy advocate and imprisoned media entrepreneur Jimmy Lai in December 2022 (the “Owen case”).

Complaint #2A builds on HKROLIN’s earlier filings — Complaint #2 (15 April 2024) and Annex 2 (3 September 2024) — which argued that the NPCSC’s 2022 interpretation was legally ambiguous, non-binding under HKNSL Article 65, and unconstitutional under Basic Law (BL) Articles 4, 19, and 22(1). It further alleges that the Committee for Safeguarding National Security of the HKSAR (NSC), as a Central People’s Government organ, acted ultra vires in interfering with Hong Kong’s internal affairs, and that the CFA Appeal Committee failed to uphold judicial independence.

In its latest submission, HKROLIN charges that the Appeal Committee — comprising Ribeiro PJ, Fok PJ, and Lam PJ — summarily dismissed the leave application on 17 March 2025 without reasons, despite the application raising three live constitutional questions of novel and substantial importance:

• Whether decisions made by the NSC under HKNSL Article 14 are not amenable to judicial review
  
• Whether the NPCSC’s interpretation issued on 30 December 2022 unlawfully extended the NSC’s functions and responsibilities under HKNSL Article 14
  
• Whether the NSC’s decision to recommend denial of Mr Owen’s visa exceeded its authority under HKNSL Article 14 and was therefore ultra vires

HKROLIN asserts that the Committee’s unexplained dismissal — despite these explicit constitutional questions — violated its positive obligation under the Basic Law to safeguard judicial independence and protect fair trial rights under the Basic Law, the Hong Kong Bill of Rights (BOR), and the International Covenant on Civil and Political Rights (ICCPR).

“When the judiciary’s highest gatekeepers refuse even to hear a constitutional challenge of this magnitude—in a case already internationally recognized as a benchmark for the rule of law in Hong Kong—they are not simply exercising discretion; they are abdicating their constitutional duty to resist political pressure,”  said Dr Chi-Sang Poon, HKROLIN’s Founder.

“This failure further entrenches political interference by the NPCSC and the NSC into Hong Kong’s judicial system.”

Key Relief Sought

Complaint #2A calls on the CFA to:

• Declare SNSO Section 112(3) unconstitutional under BL Articles 4, 19, and 22(1)
• Declare that the Chief Executive, NSC, and Director of Immigration acted ultra vires and in contempt of court by overriding the CFA’s final decision in the Owen case
• Declare Jimmy Lai’s ongoing trial in HCCC 51/2022 unfair under BL Article 35, BOR Article 11(2)(d), and Annex I of the Sino–British Joint Declaration, and recommend a permanent stay of proceedings

Background

The Owen/Lai case has drawn global attention as a test of judicial independence under the 2020 HKNSL. In June 2024, three overseas non-permanent CFA judges — Lords Sumption and Collins of the UK, and former Canadian Chief Justice McLachlin — resigned amid mounting political interference. Lord Sumption publicly cited NPCSC overreach and the Government’s misuse of colonial-era sedition laws as reasons for his departure.

About HKROLIN Institute

The Hong Kong Rule of Law Initiative (HKROLIN) Institute is an independent, non-profit research and advocacy organisation dedicated to defending judicial independence, civil liberties, and the constitutional order guaranteed under the Basic Law and the Sino–British Joint Declaration.

Media Contact

Chi-Sang Poon, PhD
Founder, HKROLIN Institute

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