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On 1 January 2001, the Prosecutions Division joined the
International Association of Prosecutors (IAP). The Division
became its 75th organisational member. This was an
historic event in the life of the Division.
In a message of welcome, the IAP Secretary General wrote
that ‘I congratulate the Prosecutions Division of the Department
of Justice of the Hong Kong Special Administrative Region of
the People’s Republic of China on behalf of the Executive
Committee of the International Association of Prosecutors on
the granting of organisational membership from 1 January
2001. I hope for good and lasting cooperation between the
Prosecutions Division and the Association.’
The IAP is the first and only world organisation of
prosecutors. It is committed to developing close
cooperation among the prosecutors of the world and to
promoting high standards and principles in the
administration of criminal justice. The IAP enjoys close
links with the Economic and Social Council of the United
Nations, as well as with the Asia Crime Prevention
Foundation and the Council of Europe.
Organisational membership of the IAP reinforced the status of
the Division as a modern prosecuting
authority. It was a tribute to all the
Division had accomplished since
1997. Membership gave the Division
a direct role in the affairs of the IAP. It
also promoted the image of Hong
Kong amongst the prosecutors of the
world.
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Mr Nicholas Cowdery, QC, President of the International Association of Prosecutors (IAP), (left) welcomes theDPP and Miss Lily Wong, Assistant to the DPP, after the Prosecutions Division joined the IAP as its 75thorganisational member on 1 January 2001. Former Hong Kong prosecutor Mr Bruce Smith is at right.
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From the outset, the Prosecutions Division contributed
vigorously to the objectives of the Association. These
included the effective combat of crime, the exchange
of information and expertise, the enhancement of
prosecutorial standards, and the promotion of transparency
in the conduct of public prosecutions. For its part, the IAP
involved the Division in its work.
In January, the IAP launched its inter-regional project to
create a ‘Guide to Conducting Internet Investigations’.
Mr Richard Turnbull, Senior Assistant Director of Public
Prosecutions (SADPP), Prosecution Policy Coordinator on
Computer Crime, joined the project as the representative
of Asia. Once complete, the Guide will facilitate the
prosecution of cyber crime.
In April, the IAP, as part of its Best Practice Series, published
its ‘Recommendations on Combating Corruption in Public
Administration’. Those recommendations were produced
by a working group which worked with the IAP Secretariat,
and included Mr Darryl Saw, SC, DDPP, Mr Alain Sham,
SADPP, and Miss Mary Sin, SADPP. The recommendations
recognised the need for prosecutors worldwide to address
the challenge posed by institutionalised corruption.
In July, the Division accepted the invitation of the IAP to
address the Senior Criminal Justice Executive Programme,
in Cha’am, Thailand, on prosecutorial ethics. Mr Darryl
Saw, SC, DDPP, told delegates that ‘It is vital for the
prosecutor to have the courage of his convictions, and the
integrity and professionalism to implement them. No one
should be subjected to a criminal trial unless the evidence
exists to warrant it, and even then only if it is in the public
interest to pursue the prosecution.’
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Mr Minoru Shikita, IAP Vice-President, visited Hong Kong
in July. Mr Werner Roth, IAP Executive Committee
member, visited in November. Dr Ye Feng, IAP Vice-
President, visited in December. They were briefed on all
facets of public prosecutions in Hong Kong. These visits
underlined the importance the Division attached to
developing its position both regionally and internationally.
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International Association of Prosecutors’ Vice-Presidents Mr MinoruShikita (left) and Dr Ye Feng visit the Division in 2001.
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The 1st Asia/Pacific Regional Forum of the IAP, which was
held in Cape Town, South Africa in 2000, was adjudged a
success. In March 2001, the IAP invited the DPP to organise
its 2nd Asia/Pacific Regional Forum, to be held at the 6th
Annual Conference of the IAP. He accepted.
In September, the DPP chaired and coordinated the Asia/
Pacific Regional Forum of the IAP, in Sydney, Australia.
Mr Arthur Luk, DDPP, was his rapporteur. The theme of
the Forum was the transparency and accountability of the
public prosecutor in the 21st century. The Forum attracted
wide interest amongst regional prosecutors.
The Asia/Pacific Regional Forum considered the parameters
of transparency in the conduct of public prosecutions, and
the extent to which a policy of openness regarding the
basis of prosecutorial decisions was possible and desirable
in the interests of accountability. The message the
Prosecutions Division took to the Forum was that the
modern prosecutor needs to be as open with the public as
is consistent with the duty to protect the interests of suspects,
of accused and their families. That message was well
received.
When he supplied the Hong Kong perspective, Mr John
Reading, SC, DDPP, told the Asia/Pacific Regional Forum
that 'We in Hong Kong believe that transparency is essential
for a modern prosecution service. The less secrecy there
is over the way we go about our business the better. It is
very much in the interests of the prosecutor that the
community should understand how we operate and what
we do on its behalf.' Decisions were taken in accordance
with an established and announced prosecution policy.
Prosecution publications were an essential means of
reaching out to the public at large.
18
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Other prosecutors to address the Asia/Pacific Regional
Forum came from jurisdictions which included Australia,
Japan, Macao, Thailand, Singapore, Korea, New Zealand
and Bangladesh. A consensus emerged that it was
important for the work of public prosecutors to be
understood and accepted by the communities they served.
The need for prosecutors to secure their position in society
through greater transparency was acknowledged in all
quarters. At the same time the prosecutor had always to
act in the public interest, even if that attracted unpopularity.
The IAP General Counsel later described the Asia/Pacific
Regional Forum as 'a tour de force'.
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Mr John Reading, SC, DDPP, addresses the Asia/PacificRegional Forum of the International Association ofProsecutors in Sydney, Australia, on 7 September 2001 :the community should understand how we operate.