27
WEDNESDAY, OCTOBER 31, 1990
IN
POST
LEGAL
THE ATTORNEY GENERAL SAID HE AGREED WITH A STATEMENT MADE A RECENT ARTICLE BY MISS MARGARET NG IN THE SOUTH CHINA MORNING THAT "IT IS A SERIOUS MISUNDERSTANDING TO SEE THE DUTY OF THE DEPARTMENT AS SECURING CONVICTIONS, AND TO JUDGE ITS ABILITY NUMBER OF CONVICTIONS IT MANAGES TO SECURE.
11
BY THE
THE ATTORNEY GENERAL SAID MR MARTIN LEE, IN THE COURSE OF HIS FAITH VARIOUS CRITICISMS, TURNED HIS ATTENTION TO THE NEED FOR PUBLIC IN THE ADMINISTRATION OF JUSTICE.
FAITH.
"I AM SURE THAT HE AND I ARE AT ONE ON THE IMPORTANCE OF SUCH
"NO ONE
STIGMA LEGAL
SHOULD SEEK TO DETRACT FROM THE PARTICULAR WHICH MUST ATTACH TO THOSE IN RESPONSIBLE POSITIONS WITHIN THE SYSTEM WHO ABUSE THE RESPONSIBILITY WHICH HAS BEEN ENTRUSTED TO THEM, MR MATHEWS SAID.
Tr
HOWEVER, MR
ADMINISTRATION MATHEWS SAID: "FAITH IN THE JUSTICE IS NOT ENHANCED BY EXAGGERATED AND INACCURATE ATTACKS MADE
TO PASS THE IT, AND IN FAIRNESS TO THAT PRINCIPLE I CANNOT ALLOW ATTACKS MADE BY MR LEE.'
OF ON
"FIRST,
HAS,
FOR
SEEKING
15-
IT IS SUGGESTED THAT THE LEGAL DEPARTMENT REASONS OF FACE, ADHERED TO THE PROSECUTIONS POLICY OF MONTH JAIL SENTENCES FOR CERTAIN ILLEGAL IMMIGRANTS.
"THAT IS A REMARKABLE STATEMENT. IT IS ALSO INACCURATE.
"IT IS THIS COUNCIL WHICH
DETERMINES
THE
SENTENCING
BOUNDARIES FOR OFFENCES.
"IT IS THE COURTS WHICH APPLY THE LAW.
FOR
THE
ARE
"IT WAS THE COURTS WHICH SET DOWN SENTENCING GUIDELINES EMPHASISE THESE OFFENCES, AND IT IS THE CROWN WHOSE DUTY, AND I WORD DUTY, IT IS TO SEEK REVIEW WHEN GUIDELINES SET BY THE COURTS
OTHER IN
WORDS NOT IMPLEMENTED,
WHERE SENTENCES ARE MANIFESTLY INADEQUATE OR WRONG IN PRINCIPLE.
IN
A "WHETHER
SENTENCE IS IN FACT INADEQUATE OR WRONG
I AM SURE PRINCIPLE IS A MATTER FOR THE COURTS AND THE COURTS ALONE.
THE ATTORNEY GENERAL SAID. THAT MR LEE WOULD NOT WISH IT OTHERWISE,
HE
ITS PROSECUTORIAL
**
THE
GOVERNMENT
IN SUMMARY
THE SUGGESTION NEXT MADE, THAT REJECTED
FOR DISCRETION
POLITICAL REASONS ABUSED PROSECUTING CERTAIN PROMINENT INDIVIDUALS FOR BREACHES OF THE OFFENCES ORDINANCE.
MR MATHEWS SAID THE CASE WAS UNDER APPEAL AND WOULD NOT COMMENT ON IT.
"BUT
HE FOR ONE
ΤΟ
NOT HAVE A I WILL SAY THIS. THE GOVERNMENT DOES
THE DECISION PROSECUTORIAL DISCRETION. THE ATTORNEY GENERAL DOES. PROSECUTE OR NOT IS A MATTER FOR HIS DISCRETION AND HIS ALONE.
/"THAT IS