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.     

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。     

California expands the duty to warn patients exposed to and infected with HIV. Reisner v. Regents of the University of California

There is still no general definitive guide for hospitals and other health care providers concerning the extent of their duty to warn third parties of a patient's HIV status. However, even in states like California that have statutorily eliminated any duty to directly inform third parties, the Reisner case clearly indicates that liability to third parties may arise indirectly based on a failure to warn HIV-exposed or -infected patients of their status and the risks of communicating the virus to others. Accordingly, health care providers should take several actions: 1. Ascertain, with the assistance of legal counsel, the precise dictates of applicable state statutes and case law regarding (a) a provider's obligation to warn HIV-exposed or -infected individuals of the potential of communicating the virus to others; (b) additional statutory requirements such as notification of public health authorities; and (c) whether notice to third parties at risk of exposure from the patient is required or even permitted. 2. Develop and implement written policies regarding notification and counseling of exposed or infected patients, including counseling patients on the risks of communicating the virus to third parties; and 3. Develop and implement written policies regarding permissive or mandatory notification and counseling of exposed or infected third parties. In this context, providers should be aware that patient confidentiality and privacy laws may prohibit disclosure of the identity of exposed or infected patients to third parties.