Published: 18:52, December 12, 2020 | Updated: 08:24, June 5, 2023
DOJ: Prosecutions made strictly in accordance with law
By Wang Zhan

HONG KONG - A spokesman for the Department of Justice (DOJ) on Saturday reiterated that all prosecutions are carried out in strict accordance with the law.

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The spokesman was responding to comments from some overseas politicians concerning a man who was charged under the National Security Law in Hong Kong.

In a statement issued on Saturday, the spokesman said Article 63 of the Basic Law provides that prosecutions in the Hong Kong Special Administrative Region (HKSAR) are made by the DOJ, free from any interference.

"We are appalled by such open demands for withdrawal of charge and immediate release of the defendant by senior officials in another jurisdiction. Such acts not only disrespect the HKSAR's judicial system and undermine the spirit of the rule of law, but also attempt to meddle in Hong Kong's affairs which are internal affairs of the People's Republic of China," the spokesman said.

We are appalled by such open demands for withdrawal of charge and immediate release of the defendant by senior officials in another jurisdiction. 

Spokesman, Department of Justice

The Secretary for Justice has emphasized on many occasions that the Prosecution Code of the DoJ provides clear, consistent guidelines and principles for carrying out prosecution work. A prosecutor must not be influenced by any investigatory, political, media, community or individual interest or representation. All prosecutorial decisions are based on admissible evidence, applicable laws and the Prosecution Code, without political consideration, the spokesman said.

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“Cases will not be handled any differently owing to the political beliefs or background of the persons involved. Prosecutions would only be commenced if there is sufficient admissible evidence to support a reasonable prospect of conviction,” the spokesman added.

Any demands or statements that purport to interfere with the prosecutorial decision and process controlled by the DOJ or the independent exercise of judicial power by the judiciary of the HKSAR will be futile, the spokesman said.