The role of the Prosecutions Division
The role of the Prosecutions Division is to prosecute trials and appeals on behalf of the HKSAR, to provide legal advice to law enforcement agencies upon their investigations, and generally to exercise on behalf of the Secretary for Justice the discretion whether or not to bring criminal proceedings in the HKSAR. In addition, counsel in the division provide advice and assistance to government bureaux and departments in relation to any criminal law aspects of proposed legislation.
The structure of the Prosecutions Division
The operational work of the division is conducted by the four sub-divisions:
- Sub-division I Advisory, which is responsible for providing advice on and preparing for trial cases which are prosecuted in the Court of First Instance, District Court and Magistrates' Court;
- Sub-division II Policy and Administration, responsible for overseeing the work of the Proceeds of Crime Section and the Departmental Prosecutions Section, cases involving the Interception of Communication and Surveillance, as well as the management and policy development of the division;
- Sub-division III Advocacy & Appeals, responsible for prosecuting the more complicated and sensitive trials and conducting appeals and reviews at all levels of appellate court; and
- Sub-division IV Commercial Crime, responsible for dealing with cases involving commercial fraud, money-laundering, market misconduct, securities and revenue fraud, corruption and election offences, customs and excise, and copyright and trade descriptions.