Hong Kong Ordinances

MAGISTRATES ORDINANCE - SECT 12

Prosecution of offences to be under control of Secretary for Justice

(Past version on 30/06/1997).

The Secretary for Justice is hereby entrusted with the duty and discretion of
conducting the prosecution of all offences cognizable by a magistrate:
Provided-

   (a)  that it shall be lawful for any member of the police force and such
        other public servant as the Secretary for Justice may from time to
        time by any general or special direction authorize to lay before a
        magistrate or an officer of a magistrate's court who is authorized
        under section 8(1) an information in respect of an offence and any
        such information shall be deemed to have been laid on behalf of the
        Secretary for Justice; (Amended 12 of 1992 s. 3)

   (b)  that in any such case the Secretary for Justice shall be deemed to be
        a party to the proceedings and such member or public servant shall not
        be so deemed. (Added 24 of 1949 s. 8. Amended L.N. 362 of 1997)