Director of Public Prosecutions (Hong Kong)

Prior to 1997, the position was known as the Crown Prosecutor. First appointed in 1979, there have been seven different Crown Prosecutors between 1979 and 1997. A list of former Crown Prosecutors is as follows:

1. David Boy, QC (1979–1982)
2. Max Lucas, QC (1982–1984)
3. Joseph Duffy, QC (1984–1986)
4. James Findlay, QC (1986–1989)
5. Anthony Duckett, QC (Acting, 1989–1990)
6. John Wood, CB (1990–1994)
7. Peter Nguyen, QC (1994–1997)

The Director may be appointed from a wide range of candidates, as long as they have been called to the Hong Kong Bar; they can be either in private practice or serving in the government, and may be of any nationality. The longest serving Director, Ian Grenville Cross QC SC, was a British career prosecutor, while the first Hong Kong Chinese Director Keith Yeung SC was an eminent criminal Senior Counsel in private practice.

The Director is supported by five Deputy Directors of Public Prosecutions (DDPP) in charge of: [1]

1. Sub-division I (Advisory): Responsible for cases in the Court of First Instance, District Court, and Magistrates' Court
2. Sub-division II (Policy and Administration / Chief of Staff): Responsible for providing advice to other government departments and a wide range of administrative matters, including human resources, training, and media relations
3. Sub-division III (Advocacy and Appeals): Responsible for advocacy work on all levels, and are also responsible for advising and conducting appeals
4. Sub-division IV (Commercial Crime): Responsible for prosecuting all instances of commercial crime
5. Special Duties: Responsible for ad hoc large scale projects as directed by the DPP, as well as certain public-order crime and cybercrime

One Deputy Director sub-division will also be designated as Chief of Staff; currently, this is with Sub-division II.

The Secretary for Justice, a politically appointed role, is the chief prosecutor and ultimately can direct the Director on criminal prosecution matters. This has come under fire from a number of legal experts in Hong Kong, including former prosecutor Ian Grenville Cross QC SC, eminent criminal defense lawyer Cheng Huan QC SC and barrister and legal sector legislator Dennis Kwok.[2] Cross has argued that Hong Kong should follow the United Kingdom, where the Attorney General for England and Wales transferred criminal prosecuting powers to the UK's Director in 2009.[3]

Director's are required to retire at age 60, and may return to private practice. Traditionally, however, outgoing Director's are offered the chance of a High Court judgeship; Director's appointed to the High Court must go through a six-month "cooling-off" period, in which they are kept out of any criminal trials, civil cases, or appeals involving the government.[4] To date, Cross remains the only Director not to become a High Court judge post-retirement, but whether this was due to his own personal choice or the fact that a position was not offered to him is unclear.

The incumbent Director is an unofficial Justice of the Peace, and is given the "JP" designation while in office; this designation is removed upon leaving office, unless officially appointed separately.[1]

In order to reduce reliance on costly external Senior Counsel prosecutors, the Department of Justice has been trying to groom in house prosecutors to achieve Senior Counsel status; the following is a list of current Senior Counsel prosecutors:[5]

• David Leung Cheuk-yin, SC (2015): Director of Public Prosecutions
• William Tam Yiu-ho, SC (2015): Deputy Director of Public Prosecutions (Commercial Crime)

The following is a list of former prosecutors who were appointed Senior Counsel during their tenure with the Department (since 1997 onwards); the year of elevation is indicated in brackets.

1. John Richard Reading, SC (1999): Entered private practice with Pacific Chambers
2. Michael Coleman Blanchflower, SC (2001): Entered private practice with Parkside Chambers
3. Arthur Luk Yee-shun, SC (2002): Entered private practice with Cheng Huan SC Chambers
4. Kevin Paul Zervos, SC (2003): Appointed Judge of the Court of First Instance
5. Ian Charles McWalters, SC (2005): Appointed a Judge of the Court of First Instance
6. Robert Lee Shiu-keung, SC (2008): Entered private practice with Cheng Huan SC Chambers
7. Simon Tam Man-fai, SC (2013): Retired
8. Wesley Wong Wai-chung, SC (2013): Appointed Solicitor General
9. Martin Hui Siu-ting, SC (2015): Entered private practice with Plowman Chambers
10. Anna Lai Yuen-kee, SC (2016): Entered private practice with Plowman Chambers