Criminal procedure in Hong Kong
Following the common law system introduced into Hong Kong when it became a Crown colony, Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. Like other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong. Principle of presumption of innocence and its extended rights Apart from case law, Hong Kong also enacted a series of statutes to ensure the principle of presumption of innocence and its extended rights promptly implanted and recognised by the government and the society. Prosecution Right to institute criminal prosecution There is not a rule or law explicitly saying that the absolute right to institute a criminal prosecution is given to the Government. Thus, theoretically, the general public or individuals are allowed to prosecute. Moreover, Section 14 of the Magistrates Ordinance (i.e. Chapter 227) gives guidance on how the Secretary for Justice intervenes and assumes a private criminal prosecution. This provision indeed indirectly points out