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AG supports improvements to Prosecutions Division
The Attorney General, the Hon Jeremy Mathews, has spoken in support of a Legislative Council motion by the Hon Elsie Tu, for the Director of Public Prosecutions to carry out a review of the decision-making process in the Prosecutions Division of the Legal Department to ensure that proper checks and balances are in place. The review will be carried out with the assistance of independent experts.
Mr Mathews also supported two amendments to the motion proposed by the Hon Emily Lau. In response to her suggestions, Mr Mathews said the department would look further at its accounting system to see if it could be refined to provide better information as to costs. It would also consider appointing a senior professional administrator, taking into account various factors, such as the experience of the Judiciary in having an administrator, and management improvements initiated by the department.
In his speech to the Council on the motion and amendments, Mr Mathews noted that there were internal as well as external safe-guards and checks and balances at present.
He described the internal processes by which prosecution decisions were made, and pointed out that generally speaking, the Prosecutions Division was not involved in the investigation of crimes.
"This is quite deliberate. This separation of function ensures that decisions to prosecute are made by those who, because they have not been involved in the investigation process, can view the evidence dispassionately and objectively," he said.
Once received the investigation file is assigned to one of the specialist units within the Prosecutions Division for evaluation.
"Each unit is headed by an experienced Counsel at the Directorate level, whose responsibilities include the supervision of counsel within that unit. All advice given is checked and counter-signed by the directorate officer.
"Where a case may fall within the jurisdiction of the High Court - for example, a possible prosecution for murder, the approval of a Directorate officer to prosecute will be sought. Similarly, prosecutions of major cases in the District Court will need the approval of a Directorate officer.