Hong Kong’s first defendant in a national security case has abandoned an attempt to add two barristers to his defense team after the High Court expressed concern about conflicts of interest.

Hong Kong’s first national security trial is scheduled to begin on June 23. Tong Ying-kit, who is accused of inciting secession and committing terrorist activities, is having his costs covered by the Legal Aid Department and will be represented by senior counsel Clive Grossman as well as barrister Lawrence Lau.

At a pre-trial review hearing on Wednesday, Tong applied to include senior counsel Nigel Kat and barrister Azan Marwah on his defense team on a private basis outside the legal aid system.

Grossman told the court that the proposed new additions would represent Tong on a voluntary basis, and Kat would be responsible for cross-examining the prosecution’s expert witness, Lingnan University historian Lau Chi-pang. Lau is expected to provide expert evidence on the meaning of the “Liberate Hong Kong, revolution of our times” slogan, which forms the basis of the “inciting secession” charge against Tong.

Judge Anthea Pang pointed out that legal teams were normally hired in the same way, but in this case it was unclear how the arrangement of some barristers being hired by legal aid and others appointed privately would work when it came time to calculate costs. Judge Esther Toh also expressed reservations about the proposed arrangement, pointing out that the Legal Aid Department is using public funds to assist the defense team.

After an adjournment, the defense team withdrew its application to add the two barristers. Judge Wilson Chan said he was glad to see the problem had been resolved and explained that while the court was not concerned with how salaries are paid to the legal team, the proposed arrangement could give rise to conflicts of interest and pose risks to judicial fairness.

Tong’s trial is expected to be overseen by a three-judge panel in the High Court, following Tong’s unsuccessful attempt to challenge the Secretary for Justice’s decision to conduct the case without a jury. The Court of Appeal will issue its decision on the validity of the no-jury trial next Tuesday, one day before the trial is scheduled to begin.

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