Department of Justice of the Hong Kong Special Administrative Region.

The Statement of Prosecution Policy and Practice

*Contents*		Paragraph
INTRODUCTION
PROSECUTION POLICY AND PRACTICE
1. The Independence of the Department of Justice		1.1
2. The Position of the Secretary for Justice		2.1 - 2.7
3. The Position of the Director of Public Prosecutions		3.1 - 3.3
4. The Role and Ethics of the Prosecutor		4.1 - 4.7
5. The Impartiality of the Prosecutor		5.1
6. The Prosecutor and the Investigator		6.1 - 6.3
7. The Decision to Prosecute		7.1 - 7.6
8. The Sufficiency of Evidence		8.1 - 8.4
9. The Public Interest Criteria		9.1 - 9.3
10. The Consent to Prosecute		10.1 - 10.2
11. The Private Prosecution and Intervention by the		11.1 - 11.7
	Secretary for Justice
12. The Position of the Juvenile Offender		12.1 - 12.5
13. The Charging Practice and Procedure		13.1
14. The Mode of Trial		14.1 - 14.4
15. The Review of the Decision to Prosecute		15.1 - 15.6
16. The Review of the Decision Not to Prosecute		16.1
17. The Nolle Prosequi		17.1 - 17.3
18. The Bind Over Order Procedure		18.1 - 18.5
19. The Immunity from Prosecution		19.1 - 19.6
20. The Duty of Disclosure		20.1 - 20.20
21. The Prosecutor and the Unrepresented Accused		21.1 - 21.4
22. The Prosecutor and the Victim of Crime		22.1 - 22.8
23. The Conduct of Domestic Violence Cases		23.1 - 23.7
24. The Role of the Prosecutor in the Sentencing Process		24.1 - 24.4
25. The Prosecutor and the Recovery of Costs		25.1 - 25.5
26. The Prosecutor and the Proceeds of Crime		26.1 - 26.2
27. The Prosecutor and Conviction Appeals		27.1 - 27.6
28. The Prosecutor and Sentence Appeals or Reviews		28.1 - 28.4
29. The Publication of Reasons for Prosecution Decisions		29.1 - 29.7
30. The Prosecutor and the Media		30.1 - 30.8
31. The Judicial Review of a Prosecution Decision		31.1 - 31.4
32. The Basic Law and the Bill of Rights		32.1 - 32.4
33. Statement of Principle		33.1
34. United Nations Guidelines		34.1
35. International Association of Prosecutors		35.1
CONCLUSION
LIST OF APPENDICES
Appendix I Statement of Principle
Appendix II Guidelines on The Role of Prosecutors
Appendix III Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors

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