Article 63 of the Basic Law of the Hong Kong Special Administrative Region stipulates: "The Department of Justice of the Hong Kong Special Administrative Region shall be in charge of criminal prosecution without any interference." It can be seen that the Department of Justice is the procuratorial organ in Hong Kong, exercising procuratorial power independently.
The Department of Justice, formerly known as the Department of Justice or the Legal Department, is the largest legal institution in Hong Kong, and it is also a legal department with a special status and complex and diverse roles. Its functions and powers involve legislation, judicial administration, procuratorial work, civil agency, legal policy formulation and reform, lawyers and many other functions. In terms of nature and tasks, it is similar to the US Department of Justice.
As a procuratorial organ, the Department of Justice is not only fully responsible for the prosecution of criminal cases in Hong Kong, but also participates in all civil litigation (including administrative litigation) against the government as a defendant and represents the government in court. As a defender of public interests, you can apply for judicial review to safeguard the legitimate rights and interests of the public; You can also represent the public interest in court to participate in the trial of cases involving major public interests. It also informed the court of the alleged contempt of court and assisted the court in its work. The Secretary for Justice is the legal adviser to the SAR Government and the Chief Executive. In short, the Ministry of Justice is responsible for almost all important legal affairs except judicial power.
The difference between Hongkong prosecutor system and Chinese mainland.
The establishment and legal orientation of procuratorial organs are different.
The subject of procuratorial power and the scope of power exercise are different.
Procuratorial system has different legal sources.