Department of Justice of the Government of the Hong Kong Special Administrative Region　

Article 63 of the Basic Law of the Hong Kong Special Administrative Region ("HKSAR") of the People's Republic of China provides that the Department of Justice "shall control criminal prosecutions, free from any interference".  The constitutional guarantee of prosecutorial independence is a linchpin of the rule of law under the "one country, two systems" principle.  It ensures that prosecutors within the Department may act independently without political or other improper or undue influence.

The Secretary for Justice ("SJ"), as head of the Department of Justice, is responsible for all prosecutions in the HKSAR. It is his responsibility to decide whether a prosecution should be instituted in any particular case, and, if so, to institute and conduct the prosecution.  He also decides whether a prosecution should be continued.  

The powers of the SJ are delegated to prosecutors in the Prosecutions Division, headed by the Director of Public Prosecutions.  Prosecutors in the Prosecutions Division prosecute trials and appeals on behalf of the HKSAR, provide legal advice to law enforcement agencies and government bureaux and departments, and generally exercise the discretion whether or not to bring criminal proceedings.  

The operational work of the Prosecutions Division is conducted by five sub-divisions:

(a) Sub-division I (Magistrates' Courts): Provides advice on and prosecutes cases in the Magistrates' Courts, and conducts appeals and reviews derived therefrom.

(b) Sub-division II (Policy and Administration): Supervises the management and policy development of the Division; and oversees the work of the Proceeds of Crime Section and the Departmental Prosecutions / Human Rights Sections.

(c) Sub-division III (Higher Courts): Provides advice on and prosecutes cases in the Court of First Instance of the High Court and the District Court, and conducts appeals and reviews derived therefrom.

(d) Sub-division IV (Commercial Crime): Provides advice on and prosecutes cases involving commercial crime, money-laundering, market misconduct, securities and revenue fraud, corruption and election offences, and conducts appeals and reviews derived therefrom.

(e) Sub-division V (Technology Crime): Oversees matters relating to technology crime, provides advice on and prosecutes cases involving technology crime/digital evidence, and reviews the adequacy and effectiveness of existing laws.