HONG KONG LEGISLATIVE COUNCIL 18 January 1989
香港立法局
—————————一九八九年一月十八日
34
Nolles prosequi were entered 49 times in 1986, 23 times in 1987 and 23 times last year. I do not consider it proper to disclose reasons for the entry of nolles prosequi in individual cases, since cases can be resurrected, and such disclosure could well be prejudicial; however the grounds on these occasions have varied and have included cases of the kind to which I have already referred.
In December last year, and in consequence of a particular case, I directed a review of the use of nolles prosequi and that review has commenced. It will carefully examine fundamental principles, the approach used elsewhere, as well as considerations peculiar to Hong Kong. Included in the review is the question whether and, if so, to what extent, the power should be delegated. It is my intention to consult the Judiciary, the Bar Association and the Law Society in the process of that review.
MR. TAI: Sir, while the exercise of this prerogative power is an expedient to defeat a judicial decision to adjourn a particular case, may I ask whether the Attorney General is prepared to abide by the legal principle adopted by other Commonwealth countries that this prerogative power is only exercised in the case of oppressive prosecution or in cases where there is technical imperfection in a particular criminal case?
ATTORNEY GENERAL: Sir, that will indeed be one of the matters to which the review will pay particular attention.
MR. MARTIN LEE: Sir, does the Administration accept that nolles prosequi are very rarely entered in the United Kingdom, and that they are entered much more readily here in Hong Kong, and secondly, is it necessary or indeed desirable to delegate such a very important power to no less than four persons in the Legal Department?
ATTORNEY GENERAL: I cannot of course comment on what happens in England. That is not a matter on which I have any knowledge. As to the question of delegation, as I have stated in my main answer, the power is delegated to the Crown Prosecutor and his three deputies. They are very senior lawyers. It has been delegated for practicable and sensible reasons, but, as I have also made clear in my main answer, I with the Crown Prosecutor will be looking at the power of delegation to examine the extent to which it should be delegated, if at all.