HONG KONG BAR ASSOCIATION STATEMENT ON ABUSE OF PROSECUTOR BY MEMBERS OF THE PUBLIC
It was reported in the media last Friday (27 September 2019) that after a hearing at which the High Court refused to grant bail to a 15-year-old defendant charged with the offence of possession of offensive weapon, certain members of the public surrounded and verbally abused the Senior Public Prosecutor conducting the case who had to be escorted by security guards when leaving the court building.
Lawyers – whether acting for the prosecution or the defence – present their case in court based upon evidence. Both as a matter of law and under the Bar’s Code of Conduct, a prosecuting counsel’s duty is to present the case fairly and impartially, to assist the court to arrive at the truth, and to do justice between the community and the accused according to the law, rather than to secure a conviction by all means at his or her command.
The abusive conduct mentioned above is unwarranted and totally unacceptable, and may also constitute contempt of court.
We call on members of the public to exercise reason and restraint at all times, and to respect our criminal justice system with all the safeguards for defendants provided by the Basic Law, the Hong Kong Bill of Rights and the general law of Hong Kong.
HONG KONG BAR ASSOCIATION
30 September 2019
聲明的第二段奇奇怪怪的, 究竟在說明擔任檢控工作的律師會不偏不倚抑或在教訓檢控官呢? 我看得莫名奇妙, 這15歲男童是因為在另一宗案件的保釋期間干犯此案, 檢控官才反對他的保釋, 法官才拒絕他的保釋申請, 這一點的法律原則在第221章 《刑事訴訟程序條例》已訂明:
Right of accused person to be admitted to bail
Subject to this section and section 9G, a court shall order an accused person to be admitted to bail, whether he has been committed for trial or not, when—
he appears or is brought before a court in the course of or in connection with proceedings for the offence of which he is accused; or
he applies to the court before which he is accused to be admitted to bail; or
he applies to a judge under section 9J to be admitted to bail.
An order under subsection (1) may be subject to such conditions as appear to the court to be necessary to secure that the person admitted to bail will not—
fail to surrender to custody as the court may appoint; or
commit an offence while on bail; or
interfere with a witness or pervert or obstruct the course of justice.
為何要在聲明講不太對題的話? 本案也未正式審訊, 講甚麼定罪? 應直接了當講, 誰在保釋期間再犯罪, 會被拒絕保釋, 這是可預期的結果, 人多勢眾恃惡行兇是極權粗暴野蠻的行為, 是維護法治提倡自由民主反對暴政的人所不齒的行為, 連愛字頭等自動請纓擔當共産黨嘍囉的人也不會這樣做的可恥行為。半溫不熱, 避重就輕, 投鼠忌器, 是甚麼勞什子大律師公會的聲明!