Govt should balance national security and rights: Bar
Bar Association chairman Victor Dawes on Tuesday called on the SAR administration to strike a balance between protecting defendants’ rights and safeguarding national security in enacting new domestic legislation as required under Article 23 of the Basic Law. In its consultation paper, the government suggested that the pre-trial detention period for national security suspects may be extended to give law enforcement more time to complete initial investigations, and opened the door for the authorities to bar suspects from consulting specified lawyers. Speaking to reporters, Dawes said the Basic Law stipulates that defendants have the right to seek legal advice and choose their own lawyers.  "Under Article 35 of the Basic Law, there is the right to confidential legal advice, and there is also a right to choose [a] lawyer that you so wish. So, it is really important to balance the two… particular rights and interests,” he added.  The Bar Association chief said he hopes the legislation can be written in a clear and precise manner.  The government is currently conducting a public consultation on its Article 23 proposals that ends on February 28.