header-logo header-logo

24 September 2018 / Dr Ping-fat Sze
Issue: 7811 / Categories: Features , Criminal
printer mail-detail

International justice: a matter of grave concern

As part of an occasional series on international justice & the Rule of Law in other jurisdictions, Dr Ping-fat Sze investigates the misuse of prosecutorial discretion in Hong Kong

  • The Rule of Law and the administration of justice in Hong Kong.
  • HKSAR v Khan and plea bargaining.
  • The role of the Department of Justice in criminal prosecutions and the potential for miscarriages of justice.

The Rule of Law and generally, the administration of justice in Hong Kong, have been repeatedly downgraded by international agencies (including the Human Rights Monitor and the World Economic Forum) in recent years especially after the imprisonment of a number of the student leaders involved in the Umbrella Movement which took place in autumn 2014.

The misuse of prosecutorial discretion in this former British colony was first noted in an article published in 2009 (173 JPN 53; see also 181 JPN 111 & 310). For a number of reasons, the judiciary has been reluctant to intervene in the exercise of this discretion by the Department of Justice (DoJ).

The repeated failure of the DoJ

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll