Prosecutions free from interference

2019-07-10 18:48:07

The Prosecution Week 2019 has just concluded successfully. The theme ?In Fairness We Act For Justice We Serve? underpinned that justice is dispensed with equal measures and in an even handed manner at all times. In order to give the students who joined the event a personal experience about the work of our prosecutors, my colleagues organised mock trials and also arranged court visits for them.

Many of the students have watched TV dramas or movies about prosecutors with some impressions. Through a host of activities, they came to realise that our prosecutors not only carry out criminal prosecutions at courts but also provide legal advice to law enforcement agencies. However, unlike the characters in some of the TV dramas or movies, our prosecutors do not conduct investigations because this is the duty of law enforcement agencies (such as the Police or Independent Commission Against Corruption).

The law enforcement agencies will refer the cases, after their investigations, to the Prosecutions Division when necessary. Our prosecutors make each prosecutorial decision based on evidence, the applicable laws and the Prosecution Code. Even if arrests are made on the same occasion, it does not necessarily mean that all of the arrestees have to be charged, or charged with the same offence.

Irrespective of how an incident is defined by any person, one should not speculate that same charge must be laid against all those persons involved in that incident. Comments and opinions expressed in the community would not affect us in discharging our prosecutorial duties because Article 63 of the Basic Law guarantees that the criminal prosecutions by the Department of Justice are free from any interference.

Lastly, I wish to say that my colleagues and I are working together to tie in with the Government?s new style of governance by strengthening our exchanges with legal practitioners and professionals in the dispute resolution sector. Their views will be considered in the process of formulating our policies in future. You are also advised to fulfil your civil duty by refraining from any law-breaking behaviours especially violent acts or vandalism. Collaboration in maintaining law and order is the key to the upholding of our rule of law.

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on July 7.

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