Hong Kong must be ‘careful’ before barring lawyers from meeting clients in jail

Hong Kong authorities should be “very careful” before they resort to banning certain lawyers from meeting their clients in custody under revised prison rules, the head of the city’s Bar Association has said.

In an interview with the Post, senior counsel Jose-Antonio Maurellet added that some members of the professional body had also expressed concerns over the revised prison rules, which will tighten visiting criteria for specific lawyers.

At the centre of contention is an amendment which allows correctional authorities to apply for a court warrant to ban a particular legal representative from meeting an inmate on the grounds that such connections may endanger national security, inflict bodily harm or pervert the course of justice. Similar provisions are applied to medical professionals and religious personnel.

Maurellet expressed confidence that the court would serve in its gatekeeping role in issuing such warrants. But he questioned the argument made by authorities and some supporters of the amendment that a prisoner’s right to legal advice and choice of lawyers would not be undermined by the rule changes, as the defendant could still consult other legal representatives.

Maurellet warned that having to switch lawyers would not only be undesirable to a defendant going through protracted criminal proceedings, but could also be disruptive to the help the court was receiving.

“In serious cases, it’s in the interest of everybody, both the prosecution and the defence, that not only is there a fair trial, but the matter moves on as expeditiously as possible,” he said.

“So we certainly hope and believe that the government will be very careful before such steps are taken.”