header-logo header-logo

International justice: a matter of grave concern

24 September 2018 / Dr Ping-fat Sze
Issue: 7811 / Categories: Features , Criminal
printer mail-detail

As part of an occasional series on international justice & the Rule of Law in other jurisdictions, Dr Ping-fat Sze investigates the misuse of prosecutorial discretion in Hong Kong

  • The Rule of Law and the administration of justice in Hong Kong.
  • HKSAR v Khan and plea bargaining.
  • The role of the Department of Justice in criminal prosecutions and the potential for miscarriages of justice.

The Rule of Law and generally, the administration of justice in Hong Kong, have been repeatedly downgraded by international agencies (including the Human Rights Monitor and the World Economic Forum) in recent years especially after the imprisonment of a number of the student leaders involved in the Umbrella Movement which took place in autumn 2014.

The misuse of prosecutorial discretion in this former British colony was first noted in an article published in 2009 (173 JPN 53; see also 181 JPN 111 & 310). For a number of reasons, the judiciary has been reluctant to intervene in the exercise of this discretion by the Department

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll