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  1. Independent DPP 'against' Basic Law

    Posted Jun 22nd 2011, 12:00am

    ... An independent director of public prosecutions would contravene the Basic Law, the government said yesterday. That verdict came after the former prosecutions director, Grenville Cross, ... yesterday, the department defended the current arrangement, under which the justice secretary has ultimate authority on which cases to prosecute. 'Article 63 of the Basic Law would not permit ...

  2. Comment - Letters

    Tough money laundering law

    Posted Mar 31st 2013, 12:00am by LETTERS

    ... to render it is easier to prove guilt (for example, if you have a key to something or somewhere, you know what is inside). After our Basic Law, and Bill of Rights, some presumptions have been held ... Unfair laws can take a long time to be changed in HK Philip Bowring's article ("Justice ill-served by prosecutions", March 24) and Jake van der Kamp's columns about ...

  3. Procedure Law needs to do itself justice

    Posted Aug 04th 2011, 12:00am

    ... priority on what needs to be changed by amendments to the Criminal Procedure Law (CPL). Passed in 1979, the CPL reflected determination to build a country on the rule of law, coming out from ... law professor Mike McConville. The low rate of appearances by witnesses, combined with the high rate of convictions based on confession, shows that the mainland's criminal justice system ...

  4. Compensation only after 37 days detained, draft law says

    Posted Apr 28th 2010, 12:00am by Staff Reporter

    ... To everyone's surprise, the third draft of the amendments was not passed in October as scheduled, exposing a gulf between lawmakers on the law's basic principle- whether compensation should ... Ng Tze-wei A person could be detained for up to 37 days without compensation, even if they are not eventually charged, under the latest draft amendments to the State Compensation Law ...

  5. Flexibility in fraud laws defended

    Posted Jul 06th 2007, 12:00am by Nick Gentle

    ... Montgomery, QC, that the charge of conspiracy to defraud was so broad it could be defined as arbitrary and therefore in violation of the Basic Law and Bill of Rights. He said fraud came in so many ... Nick Gentle Fraudsters were an infinitely creative group and the laws required to stop them needed to be able to take account of their varied crimes, the city's highest court heard ...

  6. Lawyers seek reform of criminal law

    Posted Jul 20th 2006, 12:00am by Staff Reporter

    ... Irene Wang Severe restrictions on access rob defendants of their basic rights, say advocates A semi-official lawyers' group has called for major changes to the Criminal Procedure Law ... and investigation materials. Only 30 per cent of accused criminals were represented by a lawyer, with the rate falling to as low as 10 per cent in some regions. The procedure law states that lawyers should ...

  7. Terms in draft law on surveillance 'too vague'

    Posted Apr 04th 2006, 12:00am by Ravina Shamdasani

    ... Philip Dykes said that while Article 30 of the Basic Law stated that privacy of communication may only be infringed by authorities to 'meet the needs of public security or of investigation ... the term was too vague and ill-defined to be included in the proposed law to regulate such monitoring. The draft law on interception of communications and surveillance provides that law enforcement ...

  8. Calls for independent prosecutions chief grow

    Posted Jun 11th 2012, 12:00am

    ... Adrian Wan adrian.wan@scmp.com A Basic Law expert has become the latest legal heavyweight calling for an independent director of public prosecutions amid the scandal over Chief Executive Donald Tsang Yam-kuen's spending. Alan Hoo, Basic Law Institute chairman, urged that a format to deal with sensitive cases be adopted 'so that justice is done and, more importantly, ...

  9. Conspiracy charges must stand up to proper scrutiny

    Posted Nov 24th 2011, 12:00am

    ... the conspiracy can be used against any other member of the conspiracy. The most basic rules of fairness demand that someone accused of being a conspirator must be told which of his statements ...

  10. Next prosecutions chief must tread reform path

    Posted Dec 23rd 2010, 12:00am by Staff Reporter

    ... Appeal judges would immediately come to mind. However, if the Basic Law were any guide, then the director of public prosecutions (DPP) should also belong to that list of individuals. His team in the Department of Justice's prosecutions division is specifically referred to in the Basic Law as being tasked with 'controlling criminal prosecutions, free from any interference'. ...




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