The Department of Justice today released the Prosecution Code 2013, which replaces The Statement of Prosecution Policy and Practice – Code for Prosecutors published in 2009.
The new
code revises the contents of the previous statement, modernising it in terms of substance, presentation and language.
Director of Public Prosecutions Kevin Zervos said the department has considered the latest developments in criminal jurisprudence and international trends, removing detailed quotations of cases and judgments to make the document clear and succinct.
New sections have also been included, such as those dealing with human exploitation cases and public order events.
It also covers fundamental principles with references to the Basic Law and the Hong Kong Bill of Rights, as well as landmark court decisions.
Following suggestions from Hong Kong’s two legal professional bodies, factors for deciding the venue of a trial were expanded to consider community standards and values, where appropriate.
Mr Zervos said the code is meant not only for prosecutors but also for the community, allowing the public to understand how the system operates, while promoting fair, just and consistent decision-making.
"The public good is a principal consideration in the conduct of prosecutions,” he said.
The code is operational with immediate effect. An electronic version is available for Public Prosecutors, Court Prosecutors, Departmental Prosecutors and Counsel who prosecute on fiat.
