Prosecutions evidence-based

June 27, 2019

The Department of Justice makes each prosecutorial decision based on evidence, the applicable laws and the Prosecution Code.

 

In response to protesters' request to not initiate prosecutions for cases under investigation, the department in a statement today said all investigations are conducted by law enforcement agencies which will after investigation and when necessary refer to the department for independent decisions on whether to prosecute.

 

Unless there is sufficient admissible evidence to support a reasonable prospect of conviction, no prosecution should be commenced, the statement added.

 

If there is sufficient evidence to initiate a prosecution, the department will then consider whether it is in the public interest to do so, including the nature and seriousness of the offence, the attitude and psychological conditions of the suspect, etc.

 

The statement said irrespective of how an incident is defined by any person, it would not affect the department in discharging its prosecutorial duties impartially in accordance with Article 63 of the Basic Law.

 

The department stressed the Government has put a stop to the legislative exercise relating to the Fugitive Offenders Ordinance.

 

Noting the current term of the Legislative Council will end in July next year, after which the bill will lapse, the department said the Government accepts this reality.

 

The department urged protesters to act peacefully and rationally when expressing their opinions and take into account the needs of other members of the public.

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