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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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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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