Prosecutions Division

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Prosecutions Division (Hong Kong)

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The Prosecutions Division (刑事檢控科) of the Department of Justice, is the public prosecution office in Hong Kong. The Prosecutions Division is the largest in the Department, with about 125 lawyers, known as 'Public Prosecutors', and about 115 lay prosecutors, known as 'Court Prosecutors'. The role of the Division is to prosecute trials and appeals on behalf of Hong Kong, to provide legal advice to law enforcement agencies upon their investigations, and generally to exercise on behalf of the Secretary for Justice the discretion of whether or not to bring criminal proceedings in Hong Kong. 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 Director of Public Prosecutions ("DPP") heads the Division as a Law Officer of the Department of Justice. The current Director of Public Prosecutions is Mr Kevin Zervos, SC (薛偉成). Since 1997, he has pursued a policy of transparency, modernisation and internationalism in the area of public prosecutions. In 2001, Mr Cross led the Division into the International Association of Prosecutors (IAP), as its 75th organisational member. In 2004, Mr Cross hosted the 2nd Asia-Pacific Regional Conference of the IAP, and in 2007 he hosted its 12th Annual Conference and General Meeting.

The DPP is responsible for directing the conduct of trials and appeals on behalf of Hong Kong, providing legal advice to law enforcement agencies (such as Hong Kong Police, Custom and ICAC), exercising the discretion of whether to institute criminal proceedings, and providing advice to others in government on proposed changes to the criminal law.

The lawyers of the Prosecution Division in the former British Hong Kong colonial administration were, before 1997, titled "Crown Counsel". After the transfer of sovereignty of Hong Kong, they were renamed "Government Counsel" (政府律師). In 2007, to highlight their constitutional independence, lawyers working in the Prosecutions Division adopted the alternative title of "Public Prosecutor" (檢控官).

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