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Prosecutions Division 刑事檢控科工作回顧

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Prosecutions Division 刑事檢控科工作回顧 維護法治 UPHOLDING THE RULE OF LAW 2008 刑事檢控科工作回顧 PROSECUTIONS DIVISION PROSECUTIONS DIVISION 2008 由 刑事檢控專員 提交 律政司司長 A Review by The Director of Public Prosecutions for The Secretary for Justice 律政司刑事檢控科 出版 Published by the Prosecutions Division, Department of Justice 香港特別行政區 中國香港金鐘道66號金鐘道政府合署高座5-7樓 5th to 7th floors, High Block, Queensway Government Offices, 66 Queensway, Hong Kong, China 律政司 傳真號碼 Fax No : 852 2877 0171 Department of Justice 電子郵件 E-mail : [email protected] 互聯網網址 Internet Home Page Address : http://www.doj.gov.hk/eng/about/pd.htm Hong Kong Special Administrative Region 目錄 Contents 給律政司司長的信 Letter to the Secretary for Justice .........................................................4 刑事檢控專員 Director of Public Prosecutions 刑事檢控專員的序言 Director's Overview ..................................................................7 現代的檢控機關 A Modern Prosecution Service 2008年檢控政策 Prosecution Policy in 2008 ......................................................11 刑事司法措施 Criminal Justice Initiatives ......................................................14 2007至2012年度策略性發展計劃 Strategic Development Programme 2007-2012 ....................16 檢控人員守則 Code for Prosecutors ..............................................................18 刑事檢控專員諮詢小組 Director's Advisory Group ......................................................20 披露材料常設委員會 Standing Committee on Disclosure .......................................22 國際檢察官聯合會 International Association of Prosecutors ..............................24 近期發展和檢控罪行的工作 Recent Developments and the Prosecution of Crime 動物福利 Animal Welfare .......................................................................27 追討犯罪資產 Asset Recovery ........................................................................29 《基本法》及《人權法案》 Basic Law and Bill of Rights ....................................................31 商業罪案 Commercial Crime ...................................................................33 版權罪行 Copyright Crime ......................................................................36 死因研訊 Coronial Inquiries ....................................................................38 貪污案件 Corruption ...............................................................................40 專責重案的檢控人員 Court Specialists ......................................................................42 刑事上訴 Criminal Appeals .....................................................................44 海關案件 Customs and Excise .................................................................46 家庭暴力 Domestic Violence ..................................................................48 環境保護 Environmental Protection ......................................................50 食物及環境衞生 Food and Environmental Hygiene .........................................52 賭博 Gambling .................................................................................53 入境事務 Immigration ............................................................................54 稅務 Inland Revenue .......................................................................56 司法覆核 Judicial Review ........................................................................58 勞工及職業安全 Labour and Occupational Safety ...........................................59 毒品 Narcotics ..................................................................................60 淫褻及兒童色情物品 Obscene Articles and Child Pornography ..............................62 社會福利 Social Welfare .........................................................................64 科技罪行 Technology Crime ...................................................................65 恐怖主義 Terrorism .................................................................................67 三合會及有組織罪案 Triad and Organized Crime ....................................................69 案件籌備 Trial Preparation .....................................................................71 罪行受害者和易受傷害證人 Victims of Crime and Vulnerable Witnesses ..........................73 案情實錄 At the Courts 值得關注的重要案件 Major and Interesting Cases ...................................................77 組織及架構 Organization and Structure 運作模式 Operation of the Division .......................................................89 刑事檢控科人員 People in Prosecutions ............................................................91 法庭檢控主任 Court Prosecutors ....................................................................93 法律輔助人員和支援人員 Para-legal and Administrative Support Staff ........................96 行政組 The Administration Unit .........................................................99 刑事檢控工作 Prosecutorial Work 服務承諾 Performance Pledges ............................................................101 定罪率 Conviction Rates ...................................................................102 法律指引、審訊及上訴： Advices, Trials and Appeals : 工作量、實況及統計 Caseload, Facts and Figures ..................................................103 雙語制度 Bilingualism ...........................................................................105 外判案件 Briefing Out Cases ................................................................106 交流與聯繫 Contacts with Others 與社會各界的聯繫 Contacts with the Community .............................................109 與內地和澳門的聯繫 Contacts with the Mainland and Macao .............................111 其他的聯繫 Contacts with Visitors ...........................................................113 國際活動 International Events .............................................................114 專業發展 Career Development 邀請嘉賓作專題演講 Guest Speaker Programme ...................................................117 培訓及持續法律進修 Training and Continuing Legal Education ..........................118 人物剪影 Prosecutors in Profile 2008年度刑事檢控科人員事業紀要 Achievements in 2008 ...........................................................123 工餘花絮 Out of Court ..........................................................................124 結語：與時並進 展望未來 Conclusion : Moving Forward ...............................................127 附錄 Appendices ..................................................................................................................................129 給律政司司長的信 律政司司長 黃仁龍資深大律師 黃司長： 本人謹呈上《2008年刑事檢控科工作回顧》。 2008年是姿彩紛呈的一年。我們加強了檢控能力，公正而有效地檢控各種罪 行。我們向受害者及證人提供高水平的司法服務，並全力保障被告人的權益。我們與本 地執法人員合作無間，也與其他地方的檢控人員密切聯繫，並取得良好的成效。刑事司 法改革是我們優先處理的項目，我們亦制定了新的檢控政策指引。我們開誠布公，並與 社會各界人士保持緊密溝通。 本科人員克盡己職，專業實幹，表現卓越；本科能夠取得佳績，他們功不可沒。 刑事檢控專員江樂士 資深大律師 2009年4月23日 4 LETTER TO THE SECRETARY FOR JUSTICE 23 April 2009 The Hon Wong Yan Lung, SC, JP Secretary for Justice Dear Secretary, I am pleased to submit to you the Yearly Review of the Prosecutions Division for 2008. It was an eventful year. We strengthened our capacity to prosecute all types of crime, and prosecutions were fairly and effectively conducted. The quality of justice available to victims and witnesses was enhanced, and the interests of those accused of crime were safeguarded. Close collaboration with local law enforcers was pursued, and liaison with prosecutors elsewhere yielded positive results. Criminal justice reform was accorded a high priority, and new prosecution policy guidelines were formulated. Transparency was embraced, and we engaged with the community in all areas. The achievements of the Division reflect well on the diligence and professionalism of our staff, who acquitted themselves with distinction. Yours sincerely, I. Grenville Cross, SC, JP Director of Public Prosecutions 5 刑事檢控專員 Director of Public Prosecutions 維護法治 UPHOLDING THE RULE OF LAW 刑事檢控專員 Director of Public Prosecutions 6 刑事檢控專員 Director of Public Prosecutions 刑事檢控專員的序言 Director's Overview 刑事檢控科在2008年向前邁進，信心堅定，使命清 In 2008, the Prosecutions Division moved forward 晰。檢控人員克盡己職，以專業精神和創意思維履行職 with confidence and a sense of mission. Prosecutors were diligent and professional in discharging their 務。現代檢控機關必須恪守原則，提出有效的檢控，並 duties, and innovative in their thinking. A modern 在有需要時堅決維護檢控工作的信念。本科的檢控人員 prosecution service must be principled and effective, 行事向來獨立自主，無畏無懼，對認為正確的決定予以 and prosecutorial values were asserted whenever 堅持。在發展新技巧遏止罪行時，我們也緊記既定的專 necessary. Prosecutors acted independently at all 業操守。我們堅定不移，公正無私地檢控罪犯；對於刑 times, and were fearless in upholding the decisions they believed to be right. In the development of new 事案件中各有關方面的人士，不論身分為何，我們都會 techniques to counter crime, sight was not lost of 保障他們的合法權益。 established ethics. Offenders were prosecuted in a way that was firm but fair, and the interests of those 過去一年，刑事檢控科致力改革，在維持最高水平而又 caught up in criminal cases in whatever capacity were protected. 切合社會期望的檢控服務方面，取得實質的進展。我們 在關鍵時刻推行了一系列刑事司法措施，確保檢控程序 The past year was one of reform for the Division. 與時並進。擬備新的檢控政策指引，是我們優先處理的 Solid progress was made in achieving a prosecution 工作。我們也製備披露材料手冊、刑事訟辯手冊和用以 service of the highest quality, and a service attuned to the aspirations of the community. A host of criminal 加強擬定控罪一致性的罪行詳情範本手冊，以作補充。 justice initiatives was pursued, and our processes 我們採取措施盡速處理家庭暴力案件，並就檢控人員所 were modernised at a crucial time. A priority was the 使用的對待受害者及證人指引，展開檢討工作。本科竭 preparation of new prosecution policy guidelines, and 盡所能，致力提升服務水平，使法律制度更趨完善。 these were supplemented by manuals on disclosure and advocacy, as well on specimen charges to promote consistency in offence formulation. Measures to fast- 刑事檢控科秉持《2007至2012年度策略性發展計劃》 track domestic violence cases were adopted, and a (“ 《策略性發展計劃》 ”)所訂下的理念，在各個主要 review began of the guidelines used by prosecutors in 範疇穩步發展。我們致力加強檢控人員的專業能力，確 the treatment of victims and witnesses. The Division 保檢控工作更具成效，能為執法機關提供最高水平的服 was committed to raising the levels of service it was able to provide in the
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