The Prosecution Code 2013 prosecutors shall Comply with and promote the rule of

The prosecution code 2013 prosecutors shall comply

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The Prosecution Code 2013, prosecutors shall: ‘[Comply with and promote the rule of law ’ and ‘ fairly and objectively assist the court to arrive at the truth and to do justic e between the community and the accused according to law’ (3.3). Prosecute ‘ temperately and with restraint ’ (3.7). Any decision to prosecute must satisfy two mandatory conditions (5.3): 1) It must be supported by sufficient admissible evidence . 2) It must be consistent with the general public interest . - The Secretary for Justice is nonetheless ‘a politician who sits on the Executive Council and answers to the Chief Executive.’ - He is also the principal legal adviser to the Chief Executive, the government and independent government departments and agencies. The division’s decision-making processes are not truly independent of political forces Art.63, Basic Law: Sj has a discretion in prosecution Conflicts of interest here, question whether the prosecution can be free from political interference
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- The proposal that an independent and politically neutral Director of Public Prosecution be in full control over prosecution has been resisted by the Govt - SJ Teresa cheng SC did not seek independent counsel prior to deciding in Dec 2018 against prosecuting CY leung who has been investigated by ICAC for receiving 50M from UGL “ an independent perspective in politically sensitive cases is absolutely vital if the department’s final decision is to command public confidence” Former DPP, IG Gross Trial by Jury - An ancient institution with historical roots traced back to: - Magna Carta Clause 1215 39: no freeman should be punished ‘except by the lawful judgment of his peers or by the law of the land’. - The tacit assumption of jury trials is that the participation of 12 randomly selected lay persons injects a democratic and popular element into a remote, elitist, and technically arcane legal system. - Jury empowering individual citizens to return verdicts on the most serious crimes independently of the state - In a criminal trial before the CFI, it is the jury rather than the judge who determines the guilt of the accused on the basis of the facts. - Trial by jury .. is the lamp that shows that freedom lives - Jury has played an important role in moderating the harshness of early colonial criminal justice Art.86, Basic Law: ‘The principle of trial by jury previously practised in Hong Kong shall be maintained’. - no absolute right to trial by jury nor any mechanism by which a person to be tried of an indictable offence may elect to be so tried in HK - decision as to whether an indictable offence be tried in the Court of First Instance by a judge and jury or in the District Court by a judge alone is the prerogative of the Secretary for Justice - Before the Handover, only Anglophones were eligible for juror service.
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