Secretary for Justice Rimsky Yuen opened Prosecution Week 2017 today, starting a series of activities to enhance public understanding of the work of the Prosecutions Division of the Department of Justice and the criminal justice system in Hong Kong.
Speaking at the opening ceremony, he said one of the inherent and most fundamental spirits of the common law is the rule of law, which is also the theme of this year’s Prosecution Week.
Mr Yuen said various provisions in the Basic Law relating to the administration of criminal justice and judicial independence, the protection enshrined in the Hong Kong Bill of Rights and also the common law constitute the overall framework within which the criminal justice system operates.
This framework provides the constitutional and legal guarantee of a person’s rights and reflects the very key concepts of the rule of law which are relevant to the administration of criminal justice in Hong Kong, which the Department of Justice safeguards.
Mr Yuen noted some people seek to gauge prosecution performance by looking at conviction rates, but he said justice should not be measured by figures. It should be done by reference to whether the law is adhered to, whether the evidence is fairly presented, and whether the victim and the accused are fairly treated and their rights duly protected.
Director of Public Prosecutions Keith Yeung said when it comes to upholding the rule of law, the Prosecutions Division adopts an unequivocal approach which is clear and emphatic with no compromise.
When discharging its duties, the division is required to comply with and promote the rule of law.
In making decisions and exercising discretion, he said a prosecutor must act fairly and dispassionately on the basis of the law, the facts provable by the admissible evidence, other legally relevant information, and any applicable prosecutorial policies or guidelines.
He noted compliance with the rule of law also means the prosecution, when making decisions, ought not to be influenced by irrelevant considerations such as political or media interest, personal feelings or beliefs, possible political effect, and possible media or public reaction.
Held for the sixth year, Prosecution Week 2017 will run until June 30.
A host of activities including visits to the department and courts, talks and mock court exercises for schools, will be held.
This year a law quiz was organised for the first time with 12 primary and secondary schools taking part. Winners were presented with awards at today’s ceremony.
