The long time it takes to process some cases must place intolerable strain on suspects
GRENVILLE CROSS
PUBLISHED : Monday, 30 November, 2015, 8:34pm
UPDATED : Monday, 30 November, 2015, 8:34pm
An original Magna Carta as part of worldwide celebrations of its 800th anniversary at Sothebys Hong Kong Gallery in Admiralty. Photo: Sam Tsang
In 1215, England's King John, in the Magna Carta, undertook not to "delay right or justice" to any man. However, 800 years later, in Hong Kong, case delays have become rife and are blighting justice.
When delays arise, suspects undergo strain, witnesses forget what happened and a fair trial is imperilled.
Delays are arising in all types of cases, with frustrations boiling over. While lawyers and magistrates in the Occupy cases have criticised prosecutorial foot-dragging, a judge complained last month that a prosecution decision to drop charges against six alleged drug mules took "too long", resulting in suspects being detained for many months.
Although some investigations are vast, particularly fraud cases, most cases are not like this.
The Occupy movement has, as of 29 July, generated 955 arrests. This, however, should have been anticipated, with sufficient personnel deployed to process cases expeditiously. Some cases, apparently straightforward, are being delayed for a year or more, although ICAC delays are the most alarming.
Whereas the former chief executive, Donald Tsang Yam-kuen, was finally charged with criminal misconduct after three years eight months - apparently a record for a lone suspect investigation - former ICAC commissioner Timothy Tong Hin-ming remains, after an unbelievable two years seven months, under investigation for alleged malfeasance. The strain on Tong must be intolerable.
Although it is not known if the delays are being caused by prosecutors or investigators, they invariably work in tandem, and Secretary for Justice Rimsky Yuen Kwok-keung, who exercises overarching responsibility, must move things along.
Inordinate delays, inevitably, alarm the public, with suggestions being made of political motivation. Our prosecutors, fortunately, have integrity and would not tolerate outside interference, but justice, to be credible, must also be efficient.
The delays are apparently being caused by the pressure of events, a manpower shortage, inexperience in senior positions and a reluctance to bite the bullet, allied to an over-reliance on getting legal advice from lawyers in London, which always slows things down.
Criminal justice depends not only on an independent judiciary and a strong legal profession, but also on an effective prosecution service. Yuen must tackle the delay culture now before lasting damage is done.
Grenville Cross SC is a criminal justice analyst
http://m.scmp.com/news/hong-kong/law-crime/article/1885274/letter-law-prosecutorial-delays-must-be-eradicated-sake
