The Criminal Prosecution Division of the Department of Justice published the annual report "Hong Kong Criminal Prosecutions 2020" on the Internet today (22nd). In the preface, the Commissioner of Criminal Prosecution Yang Meiqi pointed out that the fundamental challenge faced last year was the increasingly controversial nature of the cases handled. Regrettably, some people Accuse them of political prosecution, or think that they are prosecuting out of outside interference or pressure.
Yang Meiqi emphasized that independent prosecutions are protected by the Basic Law, and that prosecution decisions are made independently and impartially by the Criminal Prosecution Division without any interference.
She pointed out that the prosecutors have been maliciously and unreasonably abused by some citizens, stressing that they must be fearless, strong in character, able to withstand criticism from all sides, and must not succumb to political, media or public pressure when making judgments on the case.
In the preface of the annual report, Meiqi Yang stated that the Department of Justice is responsible for criminal prosecutions in Hong Kong, enjoys the independence guaranteed by the Constitution, and has no fear of political interference.
(Information picture / Photo by McCain)
In the preface of the annual report, Meiqi Yang stated that the Department of Justice is responsible for criminal prosecutions in Hong Kong and enjoys independence guaranteed by the constitution. Prosecutors can perform their duties in accordance with established regulations without fear of political interference or any improper or unnecessary pressure.
She emphasized that all prosecution decisions are made in strict accordance with the law, the "Prosecution Code" and evidence, without any interference; when there is sufficient evidence to initiate a prosecution, the department will consider whether the prosecution is in the public interest, and all prosecution decisions are made strictly in accordance with these principles "The defendant’s political position has nothing to do with whether we prosecute or not, nor is it considered at all."
Ten pro-democracy activists were accused of organizing and knowingly participating in an unauthorized assembly on October 1 of the previous year. Among them, Shan Zhongkai and Cai Yaochang were sentenced to 14 months in prison and 24 months of probation in mid-year.
After he was sentenced, he said that in recent years, he has set a record for convictions that were assembled without approval. In the past, he was only sentenced to a fine or a social service order.
(Profile picture / Photo by Liang Pengwei)
Last year, 17 cases of imprisonment review and 14 public order-related activities were applied after political neutrality and objective evaluation
Yang Meiqi mentioned that heavy work is the main challenge of the Criminal Prosecution Division, and the increasing number of applications for review of penalties submitted by them is just one example.
She explained that in accordance with section 81A of the Criminal Procedure Ordinance, the Secretary for Justice can apply to the Court of Appeal for a review of a sentence imposed by any court other than the Court of Appeal. A total of 17 such applications for review of penalties were filed, six and four more than in 2018 and 2019 respectively.
Yang specifically mentioned that of the 17 applications made last year, 14 were related to public order activities, and the Court of Appeal ruled that all were approved and the penalty was changed.
Yang Meiqi stated that they decided to apply for a review of the penalty after evaluating the case objectively and professionally in a "political neutral" attitude, and had carefully considered relevant laws and sentencing principles.
July 1st protest case | Chen Haohuan and other 7 defendants were sentenced to prison for half a year to 1 year, the official said to deter the prison 10.1 Assembly | The defendant blatantly challenged public order in times of social turmoil. If the police is instigated or the conflict between the police and the people is intensified, the pan-democratic veterans who participate in illegal demonstrations will be sentenced for ignoring the police's decision. Contributors must be sentenced to probation. National Security Law | More than 50 democrats were arrested. Accused of inciting Yin Zhaojian: Outright political prosecution