- Examines the relevant case law, maintaining that undue weight has been given to a 2003 decision in the Fijian Supreme Court.
In England and Wales, it is settled that, apart from fraud or corruption, a prosecutorial decision is reviewable on the ground that the relevant law was misunderstood or misapplied, or relevant matters were not considered properly, or irrelevant matters were taken into consideration, or the decision was made contrary to the evidence or in disregard of the prosecution policy (see, for example, the ‘Judicial Review of CPS Prosecuting Decisions (Appeals)’, issued by the Crown Prosecution Service).
Despite repeated claims that the English law and practice should be followed in this area, surprisingly, the courts in Hong Kong are indisposed to review prosecutorial decisions unless they were made dishonestly, in bad faith or according to political instruction (see ‘Prosecutorial decisions in Hong Kong: getting it wrong?’ NLJ, 8 November 2024, p16, and Wong Chi Wai v Secretary
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