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Following is a question by the Hon Paul Tse and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (May 27):
Question:
At the House Committee meeting of this Council on the 24th of last month, a Member questioned why the authorities did not institute any prosecution against persons who had failed to provide a registration officer with their changed particulars (including residential addresses and correspondence addresses) in accordance with Regulation 18 of the Registration of Persons Regulations (Cap. 177 sub. leg. A), and the authorities were thus criticised for not enforcing the law. Besides, it is pointed out in Report No. 64 of the Director of Audit that the Buildings Department has been slow in handling "actionable" unauthorised building works, and the Department is alleged of being too lax in law enforcement. On the other hand, the Independent Commission Against Corruption has often been queried of faultfinding in its examinations of the election expenses incurred by Legislative Council or District Council election candidates, and is alleged of being too stringent in law enforcement. Regarding law enforcement by government departments, will the Government inform this Council:
(1) whether it has assessed why there are significant discrepancies in the degree of stringency in law enforcement among various government departments;
(2) of the criteria based on which various government departments determine the degree of stringency in their law enforcement; and
(3) whether it has assessed how the significant discrepancies in the degree of stringency in law enforcement among various government departments affect the public perception of the Government and whether they will confuse members of the public?
Reply:
President,
Article 64 of the Basic Law provides that the Government of the Hong Kong Special Administrative Region shall implement laws passed by the Legislative Council and already in force. Law enforcement agencies (LEAs) always perform their respective functions with dedication, enforcing various statutory provisions in a fair and impartial manner. In determining whether prosecution should be brought against person(s) involved in cases of suspected violation of law, LEAs will consider the circumstances of the cases and the evidence collected, and seek legal advice from the Department of Justice (DoJ) when necessary. According to the Prosecution Code of the DoJ, the decision of prosecution should only be taken upon full evaluation of the evidence and circumstances. Apart from assessing whether the evidence is sufficient, one must at all times act in the public interest and be guided or directed by public interest considerations in the measured and just application of the rule of law. The considerations to be addressed include the nature and circumstances of the offence, the seriousness of the offence and the effect of a prosecution on Hong Kong law enforcement priorities, etc. All LEAs will continue to perform their statutory functions in accordance with the relevant policies and legal provisions.
Ends/Wednesday, May 27, 2015
Issued at HKT 15:57
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