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CONTACTS WITH THE COMMUNITY

To succeed, a modern prosecution service such as ours

must be based broadly in the society it serves. The

Division maintained close contacts with the community

in 2002. We used our position to promote better

law enforcement, new laws, public awareness,

transparency, and enhanced training and skills.

Dealings with the public required the Division to be

enlightened and accessible. Particular decisions were

explained to interested parties. Those involved in

proceedings were apprised of developments. At court

and pre-court, the position of victims and witnesses

was safeguarded by prosecutors.

Close liaison was encouraged with law enforcement

personnel. The DPP met periodically with the Director

of Crime and Security of the Hong Kong Police and

the Director of Operations of the ICAC to discuss issues

of mutual concern and to plan anti-crime strategies.

Prosecutors kept enforcement action under regular

review through liaison with the investigative agencies.

The DPP exchanged ideas with the Bar and the Law

Society, as well as with the Director of Legal Aid and

the Duty Lawyer Scheme, on issues of criminal policy

and practice. Our training programme was integrated

closely with that of the Director of Advanced Legal

Education, and in 2002 we offered 4 to 11 places in

9 of our in-house workshops and seminars to 57

barristers and pupils. Practitioners who prosecute on

fiat received updated guidance from the Division.

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Mr Kevin Zervos, SADPP, lectures solicitors on 27 September 2002 :contacts with the legal profession.

84

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Prosecutors played their full part throughout the year

in bodies which develop our system of criminal justice.

These included the Criminal Court Users Committee,

the Law Reform Commission, the Fight Crime

Committee, the Judicial Studies Board, the Criminal

Procedure Rules Committee, the Overseas Lawyers

Committee, the Standing Committee on Young

Offenders, the Integrated Criminal Justice System

Steering Committee, the Working Group on Combating

Violence, the Task Force on Computer Crime, the

Committee Against Child Abuse, and the Working

Group on the Review of the Juvenile Justice System.

The Division contributed to all of these bodies in terms

of thinking, research and planning.

To the legislature the Division explained prosecution

policy as well as recruitment strategy. Prosecutors gave

their views on new laws, including those to combat

terrorism, to proscribe Internet gambling, to protect

children, to illegalise marital rape, and to clamp down

on criminal assets. In exchanges with legislators,

prosecutors made the case for laws to facilitate the

proper and effective prosecution of crime in the interests

of the community.

Contact with the media involved the Division in

transparency and candour. When in April the Yearly

Review of the Prosecutions Division 2001 was released,

the DPP, Mr Arthur Luk, DDPP, and Mr John Reading,

SC, DDPP, answered questions in open session on all

facets of our portfolio. After controversy arose in May

over the decision not to prosecute a government lawyer

for shop theft, the DPP and Mr Harry Macleod, DDPP,

met the media to allay concerns. To mark the release

of new prosecution policy guidelines in October, the

DPP and his deputies met the media to explain the

evolution of the guidelines since reunification. The

reasons for not reviewing the sentences imposed upon

a pop star and a police officer for conspiring to pervert

the course of public justice were placed in the public

domain by the DPP in December, in response to

community interest. Fundamental to our approach

was the need to make public prosecutions readily

understandable to the community at large.

85

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CONTACTS WITH THE MAINLANDAND MACAO

Throughout 2002, the Division continued its programme

of promoting contacts with legal personnel from

elsewhere in China. This proved beneficial to all

involved. Ideas and publications were exchanged, and

the development of legal systems was examined. Our

policy of constructive engagement bore fruit in various

areas. It contributed as well to mutual understanding

which was good for the implementation of the One

Country, Two Systems concept.

Prosecutors from Hong Kong, the Mainland and Macao

coordinated their activities within the International

Association of Prosecutors. Different systems were

critically considered in the interests of modernisation

and more effective responses to crime. We participated

in legal symposia in other parts of China, and contributed

in May to the International Symposium on the Criminal

Evidence Law of the PRC, in Beijing. The Division

welcomed prosecutors and legal officials on attachment

from Beijing and elsewhere who wished to learn more

of our system of public prosecutions, as well as of the

operation of the common law.

Prosecutors from Hong Kong and other areas of China

met to discuss issues of regional concern throughout

the year. Important exchanges were held in April with

prosecutors from Guangdong Province in Dongguan

and Shenzhen. The need to build upon existing

channels of cooperation between law enforcers was

emphasised in all of the discussions. All accepted that

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DPP chairs a plenary session of the International Symposium onCriminal Evidence Law on 7 May 2002 in Beijing, China.

86

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securer and safer environments were in the interests

of people in every part of China. When in April he

attended the Legal Conference on Regional Criminal

Judicial Cooperation, on 30 April, in Macao, the DPP

told regional prosecutors that ‘practical cooperation

and coordination between those concerned with law

enforcement in different places is often difficult, but

we must persevere if we are to secure the societies

we want in China and throughout the region. We must

be bold in thought, and innovative in deed.’

In 2002 we :

• welcomed Mr Tang Zhoushao, Deputy Chief

Procurator, Shanghai Municipal People’s Prosecution

Service, and explained to him the criminal justice

system of the HKSAR (January)

• facilitated a study tour for academics and scholars

from the Zhongnan University of Economics and

Law, arranged by the Society for Community

Organization (February)

• briefed lawyers from Fujian and Shanxi under

the Law Society’s Professional Development

Programme on public prosecutions in the HKSAR

(March)

• explained public prosecutions in the HKSAR to

Mr Gao Kuwen, Division Chief, Legal Affairs Bureau,

Ministry of Public Security (April)

• visited the People’s Prosecution Services of

Dongguan and Shenzhen (April)

• participated in the Legal Conference on Regional

Criminal Judicial Cooperation, Macao (April)

• welcomed and briefed Mr Zhang Fuxen, Minister

of Justice (May)

• participated in the International Symposium on the

Criminal Evidence Law, organized by the China

University of Political Science, Beijing (May)

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DPP (centre left) and delegation visit the Intermediate People’sCourt of Shenzhen on 12 April 2002.

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87

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• briefed participants of the Training Scheme in

Macao SAR for Mainland Officials (July)

• discussed the criminal justice system of the HKSAR

with Professor Zeng Zaoheng, Director of Legal

System Research Institute, Zhejiang University

(August)

• addressed the PRC Intellectual Property Tribunal

Judges Seminar, Beijing (September)

• lectured on corruption at Xiamen University (October)

• briefed officials of the Guizhou Commission for

Disciplinary Inspection on our system of public

prosecutions (October)

• explained the use of forensic evidence in criminal

proceedings to prosecutors from the Guangdong

People’s Prosecution Service (November)

• briefed lawyers from Anhui Province on criminal

procedures (November)

• discussed the criminal justice system with Mr

Li Guoguang, Vice President, Supreme People’s

Court (November)

• explained public prosecutions in the HKSAR to

Mr Qiu Xueqiang, Deputy Prosecutor General,

Supreme People’s Prosecution Service (November)

• participated in a mock trial in Chongqing (December)

• attended the Mainland, Hong Kong and Macao

Intellectual Property Symposium 2002, Guangzhou

(December).

88

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CONTACTS WITH VISITORS

The Division welcomed visitors from throughout the

world in 2002 and briefed them on all aspects of our

work. They were keenly interested in our system of

public prosecutions and in the application of

prosecution policy since reunification. Prosecutors

explained the characteristics of our system of criminal

justice in the context of One Country, Two Systems,

as well as the role the Division was now able to play in

prosecutorial circles at local, national, regional and

world levels. Visitors were reassured to learn that as

prosecutors we continued to apply common law

traditions to our work, and that since 1997 continuity

had been achieved in the substance and operation of

our legal system.

In 2002 we :

• briefed Mr Fredrik Galtung, of Transparency

International, on the combat of corruption in Hong

Kong (January)

• discussed the system of public prosecutions in

Hong Kong with Mrs Edna Arbel, State Attorney,

Ministry of Justice, Israel (January)

• welcomed Mr Nicholas Cowdery, QC, President of

the International Association of Prosecutors, and

explained the conduct of public prosecutions in

Hong Kong and the application to our work of

human rights guarantees (March)

• discussed money laundering with Mr Robert

Milders, Director for Asia and Oceania, Ministry of

Foreign Affairs, The Netherlands (March)

• received Mr Chan Sek Keong, Attorney General,

Singapore, and Mr Lawrence Ang, Head of Criminal

Justice Division, Singapore, and discussed public

prosecutions in Hong Kong (March)

89

• exchanged views on the prosecution of narcotics

crime with Mr Manit Wityatem, Director-General of

Customs, Thailand (April)

• discussed intellectual property with Judiciary

Officials from Thailand and Vietnam (May)

• explained the criminal justice system of Hong Kong

to Mr Josaia K Naigulevu, Director of Public

Prosecutions, Fiji (September)

• welcomed Lord Goldsmith, QC, Attorney General

of England and Wales, and discussed public

prosecutions in Hong Kong (September)

• briefed Mr Donald Hill, Mayor Pro Tem of the City

of Dallas, and Mr Robert Hsueh, President, Hong

Kong Association of Northern Texas, USA, on anti-

corruption measures in Hong Kong (October)

• exchanged experiences with Mr Michael Chertoff,

Assistant Attorney General, Criminal Division, United

States of America (October).

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90

INTERNATIONAL CONFERENCES

Throughout 2002, the Division was constructively

engaged at the international level. Ideas were

exchanged with counterparts in other jurisdictions in

order to contribute to the effective investigation and

prosecution of crime. We responded positively to

requests for speakers, panellists and facilitators at

international fora. Our prosecutors played their full part

in the evolution of thinking in all areas concerned with

the modernisation of prosecutorial practices and the

promotion of standards of criminal justice. Anti-crime

strategies were discussed and formulated. Prosecutors

at conferences explained to others the operation

of One Country, Two Systems, and acquired direct

knowledge of latest developments in the combat of

crime which they later shared for the good of the

Division as a whole. Conferences included :

• The Asia Crime Prevention Foundation Working

Group Meeting on Corruption, New Delhi, India

• The 6th International Conference in Clinical Forensic

Medicine of the World Police Medical Officers,

Sydney, Australia

• The Regional Symposium on the Prevention and

Control of Money Laundering, Singapore

• The Alleged Transnational Criminal Conference,

Miami, USA

• The IFex International Fraud and Financial Crime

Convention, London, England

• The 2nd International Conference on Sentencing

and Society, Glasgow, Scotland

• The Commonwealth Secretariat 2002 Conference,

Oxford, England

• The 20th International Symposium on Economic

Crime, Cambridge, England

• The 7th Annual Conference of International

Association of Prosecutors, London, England

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• The 9th Asia Crime Prevention Foundation World

Conference on Crime Prevention and Criminal

Justice, Tokyo, Japan

• The International Institute for Public Ethics Biennial

Conference in connection with the 9th Annual

Conference of Austra l ian Associat ion for

Professional and Applied Ethics, Brisbane, Australia

• The 16th Internat ional Conference of the

International Society for the Reform of Criminal

Law, Charleston, South Carolina, USA

• The 9th Annual Prosecution Conference, Sigatoka,

Fiji.

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Mr Ian McWalters, SADPP, Prosecution Policy Coordinatoron Corruption, addresses The Commonwealth Secretariat2002 Conference, in Oxford, England, on 27 August 2002 :partnerships in the combat of corruption.