I — Legislation

In this paper, the various challenges to the prosecutorial discretion of the Director of Public Prosecutions (DPP) are identified. It deals with two distinct areas of prosecutorial discretion: first, the scope of judicial review relating to prosecutorial decision in the light of the Privy Council judgment of Mohit v The Director of Public Prosecutions [2006] UKPC 20; and secondly, the impact and implications of the decision of the Purdy case which imposes an obligation on the DPP to issue a policy statement as regards conduct which will not be the subject matter of a prosecution even though there may be sufficient evidence to prosecute such conduct under the relevant legislation.     

Race matters: A critical look at racial profiling, it's a matter for the courts

The disproportionate number of minority motorists stopped by the police gives rise to a host of salient questions which center on contemporary police practices. Research has shown that traffic stops are routinely used as a “pretext” to stop minority drivers. In this article, the authors argue that the current police practice of disproportionately stopping minority motorists was formally sanctioned by the Supreme Court in Whren v. United States (1996). The current thrust to examine police practices will do little to end racial profiling, and the underpinnings of this problem, in part, lie in judicial precedent. The authors present the notion that in order to minimize racial profiling, the court must carve out an objective test from the Whren decision that will guide police behavior in the pretextual stops of motorists. The article concludes with a template of what this objective test may look like.     

香港大律师公会主席林孟达致辞

今天各级司法人员，两大法律专业的成员，跟法律界在本地和海外的各方好友，在此齐首共聚一堂，我们正好趁着这个特别的场合，思考过去一年发生的事情和前瞻来年法律界、司法界将面对的挑战。去年，公会执行委员会比往常繁忙。公会就政府关於填补立法会因议员辞职的出缺安排的建议，五次发出声明，也对政府的谘询文件，提交了陈述书回应。     

律政司司长黄仁立龙致辞

去年十月我在巴黎出席在历史悠久、雄伟庄严的司法部大楼举行的庆祝《海牙取消认证公约》50周年的会议,并在会上发言。虽然这项公约仍未适用於内地,香港一向采用公约的原则,并使用公约规定的附加证明书超过40年。     

The application of "CrimeLite" to examination of computer components "in situ".

The authors consider the problem of identifying potential fingerprints and other marks in a computer system, having regard for the damage which conventional print enhancement techniques may cause. They evaluate a non-invasive method of mark location and recommend a new procedure for the handling of digital evidence sources which may contain "conventional" evidence.