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On 1 January 2001, the Prosecutions Division joined the

International Association of Prosecutors (IAP). The Division

became its 75th organisational member. This was an

historic event in the life of the Division.

In a message of welcome, the IAP Secretary General wrote

that ‘I congratulate the Prosecutions Division of the Department

of Justice of the Hong Kong Special Administrative Region of

the People’s Republic of China on behalf of the Executive

Committee of the International Association of Prosecutors on

the granting of organisational membership from 1 January

2001. I hope for good and lasting cooperation between the

Prosecutions Division and the Association.’

The IAP is the first and only world organisation of

prosecutors. It is committed to developing close

cooperation among the prosecutors of the world and to

promoting high standards and principles in the

administration of criminal justice. The IAP enjoys close

links with the Economic and Social Council of the United

Nations, as well as with the Asia Crime Prevention

Foundation and the Council of Europe.

Organisational membership of the IAP reinforced the status of

the Division as a modern prosecuting

authority. It was a tribute to all the

Division had accomplished since

1997. Membership gave the Division

a direct role in the affairs of the IAP. It

also promoted the image of Hong

Kong amongst the prosecutors of the

world.

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Mr Nicholas Cowdery, QC, President of the International Association of Prosecutors (IAP), (left) welcomes theDPP and Miss Lily Wong, Assistant to the DPP, after the Prosecutions Division joined the IAP as its 75thorganisational member on 1 January 2001. Former Hong Kong prosecutor Mr Bruce Smith is at right.

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From the outset, the Prosecutions Division contributed

vigorously to the objectives of the Association. These

included the effective combat of crime, the exchange

of information and expertise, the enhancement of

prosecutorial standards, and the promotion of transparency

in the conduct of public prosecutions. For its part, the IAP

involved the Division in its work.

In January, the IAP launched its inter-regional project to

create a ‘Guide to Conducting Internet Investigations’.

Mr Richard Turnbull, Senior Assistant Director of Public

Prosecutions (SADPP), Prosecution Policy Coordinator on

Computer Crime, joined the project as the representative

of Asia. Once complete, the Guide will facilitate the

prosecution of cyber crime.

In April, the IAP, as part of its Best Practice Series, published

its ‘Recommendations on Combating Corruption in Public

Administration’. Those recommendations were produced

by a working group which worked with the IAP Secretariat,

and included Mr Darryl Saw, SC, DDPP, Mr Alain Sham,

SADPP, and Miss Mary Sin, SADPP. The recommendations

recognised the need for prosecutors worldwide to address

the challenge posed by institutionalised corruption.

In July, the Division accepted the invitation of the IAP to

address the Senior Criminal Justice Executive Programme,

in Cha’am, Thailand, on prosecutorial ethics. Mr Darryl

Saw, SC, DDPP, told delegates that ‘It is vital for the

prosecutor to have the courage of his convictions, and the

integrity and professionalism to implement them. No one

should be subjected to a criminal trial unless the evidence

exists to warrant it, and even then only if it is in the public

interest to pursue the prosecution.’

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Mr Minoru Shikita, IAP Vice-President, visited Hong Kong

in July. Mr Werner Roth, IAP Executive Committee

member, visited in November. Dr Ye Feng, IAP Vice-

President, visited in December. They were briefed on all

facets of public prosecutions in Hong Kong. These visits

underlined the importance the Division attached to

developing its position both regionally and internationally.

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International Association of Prosecutors’ Vice-Presidents Mr MinoruShikita (left) and Dr Ye Feng visit the Division in 2001.

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�� !"#$%&'()* Asia/Pacific Regional Forum of the IAP

The 1st Asia/Pacific Regional Forum of the IAP, which was

held in Cape Town, South Africa in 2000, was adjudged a

success. In March 2001, the IAP invited the DPP to organise

its 2nd Asia/Pacific Regional Forum, to be held at the 6th

Annual Conference of the IAP. He accepted.

In September, the DPP chaired and coordinated the Asia/

Pacific Regional Forum of the IAP, in Sydney, Australia.

Mr Arthur Luk, DDPP, was his rapporteur. The theme of

the Forum was the transparency and accountability of the

public prosecutor in the 21st century. The Forum attracted

wide interest amongst regional prosecutors.

The Asia/Pacific Regional Forum considered the parameters

of transparency in the conduct of public prosecutions, and

the extent to which a policy of openness regarding the

basis of prosecutorial decisions was possible and desirable

in the interests of accountability. The message the

Prosecutions Division took to the Forum was that the

modern prosecutor needs to be as open with the public as

is consistent with the duty to protect the interests of suspects,

of accused and their families. That message was well

received.

When he supplied the Hong Kong perspective, Mr John

Reading, SC, DDPP, told the Asia/Pacific Regional Forum

that 'We in Hong Kong believe that transparency is essential

for a modern prosecution service. The less secrecy there

is over the way we go about our business the better. It is

very much in the interests of the prosecutor that the

community should understand how we operate and what

we do on its behalf.' Decisions were taken in accordance

with an established and announced prosecution policy.

Prosecution publications were an essential means of

reaching out to the public at large.

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Other prosecutors to address the Asia/Pacific Regional

Forum came from jurisdictions which included Australia,

Japan, Macao, Thailand, Singapore, Korea, New Zealand

and Bangladesh. A consensus emerged that it was

important for the work of public prosecutors to be

understood and accepted by the communities they served.

The need for prosecutors to secure their position in society

through greater transparency was acknowledged in all

quarters. At the same time the prosecutor had always to

act in the public interest, even if that attracted unpopularity.

The IAP General Counsel later described the Asia/Pacific

Regional Forum as 'a tour de force'.

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Mr John Reading, SC, DDPP, addresses the Asia/PacificRegional Forum of the International Association ofProsecutors in Sydney, Australia, on 7 September 2001 :the community should understand how we operate.

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