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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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Sophie Charlton of Vardags in London has been announced as the latest winner of AlphaBiolabs’ Giving Back initiative, with her nomination directing a donation to Reunite International
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
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