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08 November 2024 / Dr Ping-fat Sze
Issue: 8093 / Categories: Features , Profession , International
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Prosecutorial decisions in Hong Kong: getting it wrong?

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Dr Ping-fat Sze examines the reviewability of prosecutorial decisions & asks: are mistakes being made?
  • In Hong Kong, prosecutorial decisions are unreviewable even if plainly wrong in law or contrary to the evidence, and a decision in disregard of the prosecution policy is not impugnable.

In Director of Public Prosecutions v Ziegler and others [2021] UKSC 23, [2021] All ER (D) 70 (Jun), the UK Supreme Court decided that an operational proportionality exercise had to be conducted if restrictions were imposed on the freedom of assembly.

In a recent case where the appellants had been convicted of unauthorised assembly, the final appeal court of Hong Kong unanimously rejected this decision on the ground that a different scheme for human rights protection obtained in the UK (see HKSAR v Ng Ngoi Yee Margaret & Others (2024) 13 HKCFAR 208; ‘Shame of British judge keeping free speech hero in jail’, The Independent, 14 August 2024).

This is surprising. Notwithstanding marked divergences in the constitutional framework, the

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Thomson Hayton Winkley—Jordan Wallace

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Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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