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06 December 2024 / Dr Ping-fat Sze
Issue: 8097 / Categories: Features , Profession , International , Criminal
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Prosecutorial decisions in Hong Kong: Pt 2

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Dr Ping-fat Sze examines the reviewability of prosecutorial decisions, & the effect on access to justice
  • 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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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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