Appeal decisions comply with law

February 5, 2021

All of the Department of Justice’s decisions on appeal or review are made after thorough consideration and strictly in accordance with relevant laws.

 

The department made the statement in response to media reports that repeatedly resort to biased language to describe its decisions on appeal or review in some criminal cases.

 

The appeal or review cases are then determined by the courts in accordance with the law, the statement added.

 

In the course of the legal proceedings, prosecutors have the duty to provide accurate and comprehensive submissions on the law to assist the courts in the determination of cases.

 

In respect of the sentences imposed by the courts, the department will carefully consider the relevant information, including the reports of the prosecutors and the courts' reasons for sentence.

 

Where appropriate, applications for review of sentence may be instituted by the department in accordance with the Magistrates Ordinance or the Criminal Procedure Ordinance.

 

If the court's verdict of acquittal is perverse or erroneous in point of law, the department may lodge an appeal under the Magistrates Ordinance or the District Court Ordinance.

 

In 2020, the department lodged 17 applications for the review of sentence under section 81A of the Criminal Procedure Ordinance. Of the 12 such applications decided last year, 11 were allowed.

 

The department has all along strived to ensure the proper conduct of its prosecutions and the prosecutors have always adhered to the highest of professional standards in handling criminal cases for justice to be administered with equal measure and in an even-handed manner at all times, the statement said.

 

Regrettably, some media, without regard to the grounds put forward by it at the hearings and the reasons for decisions set out in the courts' judgments, use biased expressions in their reports which do not truly reflect the facts, the statement added.

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