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Decisions to prosecute are, under Hong Kong's constitution, the sole responsibility of the Attorney General. This constitutional doctrine was recognised in a statement released in February 1963 at the direction of the then Governor.
"When the Attorney General of the day makes a decision to prosecute or not to prosecute he does so independently of the Government. He acts in a semi-judicial way, free from orders or pressure from the Government or any other quarter. So the responsibility is his, and his alone."
"That constitutional independence, jealously preserved and guarded, is, I believe, a bulwark for the rule of law in Hong Kong, and so it is reassuring to note that the Basic Law provides for the continuation of the principle, by stating that the Department of Justice shall control criminal prosecutions 'free from any interference"", he said.
In winding up his speech, Mr Mathews said the Legal Department was a vital component in the structure of the Government. It bears a heavy responsibility, he said, one which it discharges with great skill and professionalism.
"But like all institutions, it is capable of improvement. I and my ex officio colleagues will vote in support of the original motion and the amendments," he said.
End/Wednesday, June 7, 1995
Review of the Prosecutions Division
Following is the speech by the Attorney General, the Hon Jeremy Mathews, in the motion debate on review of the prosecutions division of the Legal Department in the Legislative Council today (Wednesday):
Mr President,
I am grateful that this debate is taken place. I am grateful that we have an opportunity to discuss serious issue affecting, not only the public confidence in me, my department, but also in the rule of law. I think it's a timely debate I'm grade we have it. It gives me an opportunity to address concerns about the decision-making process in the Prosecutions Division, to explain some of the major improvements that have been made to the running of the Division, and to set out some of our plans for further improvements. And I hope as I go along I'll persuade Members that these are not the products of crisis management or a quick fix.