The Department of Justice has in place established mechanisms to ensure that prosecution decisions are made fairly and impartially. If circumstances warranted, delegating the prosecution decision to the Director of Public Prosecutions (DPP) or seeking independent advice from outside counsel are options available for consideration.
A spokesman for the Department of Justice said today (February 8) that regarding the Independent Commission Against Corruption case involving the Chief Executive and Mr Lew Mon-hung, and the case concerning certain building works at No. 7 York Road, Kowloon Tong, the Secretary for Justice, in order to avoid any possible perception of bias or improper influence, after satisfying himself that the DPP, Mr Kevin Zervos, SC, has no connection with the persons involved in the cases, has delegated to the DPP the authority to handle the cases including the decision as to whether any prosecution action is warranted.
The Secretary for Justice took the view that it is in the public interest to make it clear to the community as to how the Department of Justice will handle the matters. The Secretary for Justice, as head of the Department of Justice, will ensure that due and proper processes are observed in the conduct of the cases and in strict accordance with the law and prosecution policy.
Ends/Friday, February 8, 2013