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Following is the speech by the Director of Public Prosecutions, Mr Grenville Cross at the Launching of the Yearly Review of the Prosecutions Division 1998 today (Wednesday):
Introduction
This is an important occasion for the prosecutors of the SAR. The release of the Yearly Review of the Prosecutions Division of the Department of Justice for 1998 is a new initiative designed to promote openness, and by that I mean a greater understanding by the public of the work of its prosecuting authority. We recognise the extent of public interest in the work of the prosecutor and the Yearly Review therefore details the performance and activities of the Prosecutions Division in 1998. The Yearly Review is about transparency and accountability - we want people to know how we do things, we want it known what we do on behalf of the community, and we want to make a due account of our activities to the public. I want all to know how professional, how efficient and how committed we are, because it is only by being all of those things that we will meet our duty to uphold the rule of law. Through the Yearly Review we describe with confidence that which we achieved in 1998, and the manner in which our prosecutors contributed to the effectiveness of the criminal justice system. The Yearly Review indicates the goals I have set for the prosecutors, and how we view the way ahead.
1998 was a significant year for the Prosecutions Division. We set great store by transparency, professionalism and firm leadership. Having taken a long, hard look at the way we do things, we set about implementing a programme of renewal, reform and modernisation. That programme is bearing fruit in terms of greater skills, higher standards and increased professionalism.
Throughout 1998 there was a greater role for experienced prosecutors in front-line advocacy. Emphasis was placed upon leadership from the front. This helped to inspire junior prosecutors, to ensure an adequate level of representation in the courts, and to send a positive message to the legal fraternity and to society as a whole.
Transparency
In 1998 we took firm initiatives to promote transparency both within the prosecuting service and generally. April saw the release of the Prosecution Policy booklet, some 9,500 copies which have been issued : this explained to the public at large the policy, principles and practices of the prosecuting authority. It has been widely used. Our commitment to higher standards saw the Division also produce :
* The Prosecution Manual 1998 : this was a key component of the training programme we have initiated. It describes all aspects of the work of the prosecutor in a way which is both comprehensive and erudite. This Manual has raised the knowledge and hence the standards of prosecutors immeasurably.
* The monthly Criminal Appeal Bulletin. This we produce to keep our prosecutors right up to date on latest legal developments. We also provide it to the Bar Association, the Law Society, the Judiciary, the universities, the law enforcement agencies, and others.
* The glossary of (non-legislative) legal terms to assist prosecutions in Chinese.
* The book of specimen charges to assist prosecutors in the formulation of offences against accused persons.
* The Classified Criminal Appeal Bulletin, duly bound, indexed and referenced.
* The Criminal Advocacy Course Training Manual, comprising 30 chapters, designed to provide our new prosecutors with a comprehensive grounding in all aspects of the law.
* The Prosecutions Division Quarterly : this began in June 1998, and it recognised that in a prosecuting service which contains some 230 prosecutors it is vital to have a publication which disseminates information and news to prosecutors.
Also, to promote transparency, in March and November 1998 I attended the Administration of Justice and Legal Services Panel of LegCo to explain aspects of prosecution policy, including the approach of the Secretary for Justice to private prosecutions. I met the media in open session in April and October at briefings designed to explain to the public at large the work of the Prosecutions Division. In May I attended the seminar on Constitutional Development organised by the Bar Association and the Centre for Comparative and Public Law to discuss the duty and accountability of the prosecutor. By all such means, we sought to reach out to the community at large and to place the role of the prosecutor in an altogether more understandable perspective.
Training
Throughout 1998 we placed vast importance upon better training both for Government Counsel and for Court Prosecutors. We arranged :
* 15 seminars and lectures for Government Counsel.
* 17 seminars and lectures for Court Prosecutors.
* 2 twelve-week Criminal Advocacy Courses for legal trainees and newly recruited Government Counsel.
* For junior prosecutors to be assigned on rotation as juniors in trials and appeals to give them direct exposure to advocacy at the higher levels. We also arranged for our Court Prosecutors to increase their experience through attachment to Government Counsel in trials and magistracy appeals.
* For 17 counsel to attend the Middle Temple Advocacy Course in London to acquire better advocacy skills.
* For 27 prosecutors to attend the short course on Chinese law at Fudan University, Shanghai.
* For prosecutors to attend 11 international conferences to learn of the latest legal developments elsewhere which can assist us in Hong Kong, to promote the image of the SAR, and to advise others of the continuity of the rule of law in the SAR.
These training programmes have proved of immense value and have raised standards to a level of which we can be proud. A full programme is in place for 1999.
The Prosecutions Division also contributed greatly to the raising of prosecutorial standards in other areas of government in 1998. 33 prosecutors were sent to 12 government departments on 132 occasions to deliver lectures or to preside in mock courts.
Nor did our efforts stop there. In 1998 we supplied senior prosecutors to assist the Advocacy Institute of Hong Kong in its programmes. Now that the Bar Association have appointed a Director of Advanced Legal Education, we have indicated that we will provide senior prosecutors to assist in the training of young barristers. We are also inviting young barristers to attend our own in-house advocacy programme. By these initiatives we are making a positive contribution to raising standards in the profession as well as in-house.
Chinese language programmes
Throughout 1998 the use of the Chinese language in criminal proceedings increased. In 1998, we therefore organised 32 Chinese language seminars and workshops in 7 phases :
* 9 workshops on the drafting of court documents in Chinese.
* 14 mock trials in Chinese.
* 9 mock appeals in Chinese.
This training enables prosecutors to meet the challenges posed by a bilingual legal system. That was essential in view of the momentum that now exists, as the figures for the use of Chinese language in criminal proceedings in 1998 show :
* Court of Appeal : 10.52%
[The corresponding figure for 1997 was 2.59%]
* Court of First Instance (Magistracy Appeals) : 36.2%
[The corresponding figure for 1997 was 13.1%]
* Court of First Instance (Trials) : 10.4%
[The corresponding figure for 1997 was 6.45%]
* District court : 18.8%
[The corresponding figure for 1997 was 13.6%]
* Magistrates' Courts : 69%
[The corresponding figure for 1997 was 63%]
Our intensive Chinese language programmes continues unabated into 1999, and our work in this area has equipped us to play a full part.
Caseload
In 1998, 10,078 advices were given on criminal cases by prosecutors. It is remarkable that out of those 10,078 advices only two attracted serious criticism, particularly so given the inherently controversial nature of prosecutorial decisions. In 1998 a total of 486 trials were heard in the Court of First Instance. That compared with 456 trials in 1997. In the District Court, the figures for 1998 and 1997 were 1,722 and 1,681 respectively. Our Court Prosecutors prosecuted 280,414 matters in the magistrates courts. We handled most criminal appeals : in 1998 a total of 827 appeals were determined by the Court of Appeal, of which 375.5 (45.41%) were dismissed, 103.5 (12.51%) were allowed and 348 (42.08%) were abandoned. In 1998 a total of 1,173 magistracy appeals were determined by the Court of First Instance, of which 531.5 (45.31%) were dismissed, 203.5 (17.35%) were allowed and 438 (37.34%) were abandoned.
Although we made full use of our own expertise developed in-house, we briefed out to a great extent : that no less than one-third of our work was briefed out to the private sector is testament to our belief that there are legitimate public interest reasons for this, perhaps the most important being the promotion of a strong, experienced and independent Bar. It was healthy for the private sector to understand more of prosecution work. In addition, we encouraged solicitors to put their names forward for inclusion in our fiat lists : we only had 17 prosecuting solicitors, and we wanted more.
Briefing-out statistics
(i) Court of First Instance : 65 cases were briefed out accounting for 464 court days. This may be compared with 660 cases prosecuted by Government Counsel, and accounting for 2,166 court days. The percentage of briefing out to private lawyers was 8.97%;
(ii) District court : 767 cases were briefed out, accounting for 3,168 court days. This may be compared with 954 cases prosecuted by Government Counsel, and accounting for 1,003 court days. The percentage of briefing out to private lawyers was 44.57%;
(iii) Magistrates Court : 160 cases were briefed out, accounting for 356 court days. This may be compared with 342 cases prosecuted by Government Counsel, and accounting for 653 court days. The percentage of briefing out to private lawyers was 31.87%.
OVERALL PERCENTAGE OF BRIEFING OUT : 33.65%
In terms of our caseload we face FORMIDABLE CHALLENGES. Thus :
(1) In 1998 the Prosecutions Division gave 10,078 advices. That was an increase of 11.9% over the 1997 figure of 8,879;
(2) In 1998 there was an increase of 21% in the number of persons prosecuted for corruption offences as compared to 1997;
(3) In 1998 there was an increase of 33% in the number of serious fraud reports as compared to 1997;
(4) In 1998 the total confirmed losses in fraud cases amounted to $2,513.29 million, as compared to $1,164.97 million in 1997 - an increase of 116%.
(5) Overall crime figures in 1998 rose to 71,962 cases, compared with 67,367 cases in 1997 - an increase of 6.8%.
Such developments as these place us under great strain. However, I believe we have the spirit, professionalism and dedication required to meet these challenges to the required standard. I offer the assurance that we will do our level best to cope.
Court of Final Appeal
After a quiet start, the work of the CFA in criminal cases has mushroomed. That, in turn, placed great strain upon the Prosecutions Division. The volume of cases we processed and conducted in 1997/1998 greatly exceeded the number that used to proceed to the Privy Council. These figures demonstrate the position :
In 1995 there were 8 criminal cases from Hong Kong to the Privy Council. In 1996 the figure was 23. In the first six months of 1997 the figure was 9. Grand total for 21/2 years : 40
In comparison :
Between July 1997 and December 1998, 64 CFA and CFA-related criminal cases were heard. 14 criminal cases were in the pipeline by December 1998. A further 7 cases were withdrawn after processing by my staff. Grand total for 11/2 years : 85
The pressure generated by CFA and CFA-related work made it obvious to me that it was necessary to have in place a dedicated team headed by a Government Counsel of the right calibre and appropriate rank to ensure that the Division is adequately represented in CFA cases, that such cases are properly prepared, and that our counsel are fully trained and advised in this new area of work. I therefore applied in 1998 for the new post of deputy DPP to specialise in CFA work, and the post was duly approved by the Legislative Council. It came into existence on 15 March 1999. This is the first deputy DPP post to be created since 1983 - since which time the establishment of the prosecuting office has increased by 123%. The post was sorely needed, and I thank all those who gave the proposal their support, including, in particular, Ms Elsie Leung and Ms Margaret Ng. In consequence of this new post, I have been able to restructure my high command, so that my first D/DPP will concentrate on management and administration; my second D/DPP will concentrate on advocacy and the conduct of major trials; my third D/DPP will concentrate on CFA and CFA-related cases, and important appeals; my fourth D/DPP will concentrate on supervising the Commercial Crime Unit. This restructuring will enable me to promote leadership by example, it will boost the morale of our 230 prosecutors, and it will enhance standards and efficiency.
Conviction rates
Not every prosecution results in a conviction. It is the duty of prosecutors to present the prosecution case fairly to the court and not to seek a conviction at all costs. A prosecutor's job is done if the evidence in the case is presented fairly to the court. Once that is done it is for the court to determine the innocence or guilt of the accused. The duty of the prosecutor is to ensure that justice is done, not that there is a conviction at all costs. The interest of the prosecutor is that the right person should be convicted.
Conviction rates for 1998
Of cases which proceeded to court conviction rates were as follows :
Court of First Instance : 77.7% [1997 : 78.06%]
District Court : 81.7% [1997 : 76.14%]
Magistrate's Courts :
(Cases conducted by counsel) 67.8% [1997 : 51.05%]
Magistrates Court :
(Cases conducted by Court Prosecutors ) 74.02% [1997 : 74.03%]
Court Prosecutors
I pay tribute to the work of the Court Prosecutors in the Magistrates Courts. It is regularly praised by the magistrates themselves. They prosecuted the bulk of criminal cases in Hong Kong in 1998. They were the most public face of the Prosecutions Division in many ways, and I am proud of the way in which they have provided the community with so effective a service. The Court Prosecutor establishment of 127 posts is almost up to full strength. It is a source of pride to me that whereas 22 of the Court Prosecutors are either qualified lawyers or holders of a law degree, a further 28 are currently studying for a law degree. They do a first-class job on the front line and they enjoy my full support. In recent times, 10 Court Prosecutors have gone on to become Government Counsel and that speaks volumes about the standing of the grade. On January 25 1999, the management and supervision of the grade was strengthened when, with Legislative Council approval, the post of Chief Court Prosecutor was created. Again, I thank Ms. Elsie Leung and Ms. Margaret Ng for their support for this post.
Policy Co-ordinators
In 1998, specific counsel were appointed to co-ordinate policy in certain key areas, and to develop specialist and consistent areas of expertise. Policy Co-ordinators have been appointed to deal specifically with
* Criminal law and prosecution policy;
* Narcotics;
* Triads and Organised crime;
* Basic Law and Bill of Rights;
* Victim's Rights and Garrison Law;
* Intellectual Property.
The creation of policy co-ordinators has substantially improved the service the prosecuting authority is able to provide to outside departments.
Conclusion
As at 31 December 1998, the Prosecutions Division had a total of 461 staff, of whom 105 were Government Counsel, 127 were Court Prosecutors, 22 were law clerks and 207 were administrative support staff. I take this opportunity to pay tribute to each and every member of my staff. The prosecuting authority has the strength of purpose to enable it to meet the challenges which lie ahead. By high standards, by good example, and by mutual respect, we as a team aim to go from strength to strength. We will work together by
* ensuring the administration of public affairs is in accordance with the law
* maintaining the highest ethical standards of conduct in the performance of our duties
* supplying an efficient and accessible legal system
* providing decision making that is based on law
* showing sensitivity to the needs of victims and witnesses
* achieving flexibility in adapting to changing technology, circumstances and needs
* committing ourselves to team work and an appreciation of the contribution of all
* promoting public awareness
* maximizing the contribution of our staff
* ensuring cost effectiveness in a competitive environment
* improving service to clients
Prosecutors have a vital role to play in the protection and advancement of the rule of law. We will build upon the foundations we laid in 1998. We are determined not to be found wanting in the face of the challenges that lie ahead. We will do all we can to provide the community with a service in which it can take full pride. That is our pledge.
End/Wednesday, March 31, 1999
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