Published: 09:50, April 20, 2020 | Updated: 04:01, June 6, 2023
HK govt: Prosecutions conducted without interference
By Xinhua

HONG KONG - The Hong Kong Special Administrative Region (HKSAR) government on Sunday reiterated that investigations by law enforcement agencies and prosecutions by the Department of Justice (DoJ) are carried out in strict accordance with the law.

The HKSAR government issued a statement on Sunday night in response to certain media reports and local and overseas comments made over the arrest and prosecution of a number of persons for organizing and participating in unauthorized assemblies.

A spokesperson for the HKSAR government said that the Basic Law provides that the Department of Justice shall control criminal prosecutions, free from any interference

A spokesperson for the HKSAR government said that under section 10 of the Police Force Ordinance, police have the duty to take lawful measures to arrest persons based on sufficient evidence and according to the laws in force. Police are duty bound to handle every case in a fair, just and impartial manner, the spokesman said in the statement.

The spokesperson said that the Basic Law provides that the DoJ shall control criminal prosecutions, free from any interference.

ALSO READ: HK: More than 10 public figures held over illegal assemblies

The prosecutors have always been discharging this constitutional duty independently and professionally, without fear or favor. No one should interfere or attempt to interfere with independent prosecutorial decisions which are based on an objective assessment of all admissible evidence and applicable laws, made strictly in accordance with the Prosecution Code which is available to the public, the spokesman added.

The Prosecution Code of the DoJ provides clear, consistent guidelines and principles for carrying out prosecution work, the spokesperson said.

"It is the responsibility of the prosecutors to apply the highest of professional standards in handling all criminal cases," the spokesperson said.

A prosecutor must not be influenced by any investigatory, political, media, community or individual interest or representation, according to the spokesperson.

Cases will not be handled any differently owing to the political beliefs or background of the persons involved. Prosecutions would only be commenced if there is sufficient admissible evidence to support a reasonable prospect of conviction, the spokesperson said.

READ MORE: Unauthorized processions: Criminal justice system treats suspects fairly

Noting that the HKSAR government always respects and protects human rights and freedoms, the spokesperson stressed that it was important to understand that the enjoyment of these rights has limits so as not to affect adversely to an unacceptable level the enjoyment by other members of their community of their rights and liberties.

As legal proceedings are on-going, no one should embark upon baseless speculations. These types of accusations may be perceived as purporting to influence the proper discharge of public duties, the spokesman said.

The spokesperson said that the rule of law is a core value in Hong Kong. "Any unfair and unfounded allegation made with a view to undermining and discrediting our independent criminal justice system is vehemently refuted."