John Lee Opens 11th Asia-Pacific Prosecutors Conference, Emphasizing Technology Crime and International Cooperation

Speech by CE at opening ceremony of 11th Asia and Pacific Regional Conference of the International Association of Prosecutors (with photos/video)

Following is the speech by the Chief Executive, Mr John Lee, at the opening ceremony of the 11th Asia and Pacific Regional Conference of the International Association of Prosecutors today (November 28):

Honourable Vice President Tong Jianming (First Deputy Prosecutor General of the Supreme People's Procuratorate of the People's Republic of China (PRC), Class One Grand Prosecutor and Vice-President of the International Association of Prosecutors), Deputy Head Chen Feng (Deputy Head of the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region (HKSAR)), Deputy Commissioner Fang Jianming (Deputy Commissioner of the Office of the Commissioner of the Ministry of Foreign Affairs of the PRC in the HKSAR), Mr Roel Dona (Secretary-General of the International Association of Prosecutors), Attorneys General, Prosecutors General, Consuls-General, prosecutors and officials from around the world, distinguished guests, ladies and gentlemen,

Good morning to you all. And welcome to Hong Kong. I am pleased to be here, this morning, for the opening ceremony of the International Association of Prosecutors' 11th Asia and Pacific Regional Conference.

It has been 20 years since Hong Kong last hosted a regional conference of the International Association of Prosecutors, and it is an honour to do so again this year. Hong Kong, I want you to know, has come a long, good way over these past two decades.

For the next few minutes, I'm happy to update you on Hong Kong, and how our distinguished legal sector is working to protect the people of Hong Kong in this age of technology – and technology crime.

Under the "one country, two systems" principle, Hong Kong enjoys a unique status, unparalleled by other jurisdictions in many ways. We are a special administrative region within the People's Republic of China, our country. At the same time, Hong Kong flourishes as a major international financial and legal hub, with deep and long-standing connections to the rest of the world.

We are a city characterised by unrivalled connectivity and a free flow of information, capital, goods and people.

Under the Basic Law, our constitutional document, Hong Kong may make appropriate arrangements with foreign states, for reciprocal juridical assistance. We may, using the title "Hong Kong, China", participate in international organisations and international trade agreements; and develop relations with foreign states and regions in such fields as trade, financial, shipping, communications and sports. Representatives of the Hong Kong Special Administrative Region Government may, also, participate in international organisations and conferences, as members of Chinese delegations.

Hong Kong is China's only common law jurisdiction. Our legal system, resembling that of many major global financial centres, is supported by a long and established practice of the rule of law. Our courts exercise their judicial power independently, free from any interference.

Also free from any interference, as prescribed by the Basic Law, is the conduct of criminal prosecutions by our Department of Justice. Our prosecutors pursue justice with integrity, professionalism and passion. And we are deeply committed to international co-operation in the fight against crime.

This three-day Regional Conference of the International Association of Prosecutors, is hosted by the Prosecutions Division of the Hong Kong SAR Government's Department of Justice. With nearly 100 high-profile prosecutors and senior legal professionals here from 25 countries and regions, this Conference is testament to Hong Kong's determination to work with the world – with you – in combatting crime.

The Conference theme, "Effective Prosecution Service in the Technological Age", highlights the critical importance of maintaining an innovative, connected and efficient public prosecution service in today's digital, ever-changing world.

That demands that our public prosecution departments and offices, and everyone in them, be kept abreast of the latest developments in the law, as well as society.

Cross-jurisdictional sharing of best practices and experience gained can make a decided difference in tackling technology crime, on an international level.

In Hong Kong, a highly-developed international financial centre where technology is easily accessible by all, criminals are increasingly turning to the use of cryptocurrencies, virtual assets and technology in committing traditional crime. And crimes executed solely through technology are also on the rise.

That's why Hong Kong places great emphasis on the security of cyber infrastructure, in fighting technology crime, locally and internationally.

The Law Reform Commission of Hong Kong's Cybercrime Sub-committee has published a consultation paper, on "Cyber-Dependent Crimes and Jurisdictional Issues". The Sub-committee's law reform proposals centre on cyber-dependent crimes, ranging from the illegal interference and interception of computer data and systems, to possessing devices for committing a crime.

The recommendations, which are in varying stages of progress, are part of an ongoing, multi-stage focus on cybercrime and related matters. They were created to better protect individual rights, in the face of rapid developments in information technology and the Internet, and the potential for our citizens to be criminally exploited.

Last year, the Prosecutions Division of our Department of Justice established a Technology Crime Sub-Division. Its dedicated team of prosecutors specialise in handling and prosecuting technology crimes.

The prosecutors work closely with cyber and forensic experts, and the Police's Cyber Security and Technology Crime Bureau, to combat technology crime in the city.

Hong Kong has been equally active in international outreach. Last September, we hosted the International Symposium on Cyber Policing, bringing together police leaders and officers from the Mainland, Macao, Interpol and 35 international jurisdictions, together with scholars and experts, all focused on cybersecurity.

And, just last month, we participated in the 14th China-ASEAN Prosecutors-General Conference in Singapore, as part of China's delegation to the conference. We took part in discussions, alongside Mainland colleagues, on issues related to today's technology, as well as financial crime and its effective prosecution.

Ladies and gentlemen, I would like to take a moment to pay tribute to our prosecutors, from home and beyond. In the pursuit of justice, you uphold the principles of fairness, impartiality and, most importantly, the rule of law. You stay committed to safeguarding the public interest in spite of formidable challenges.

I take pride in Hong Kong's excellent prosecutors. Hong Kong will continue to pursue the highest prosecutorial standards, bringing to the world stage a dedicated prosecution service, working with other jurisdictions to take on the heightened challenges of our technological age.

My thanks to the International Association of Prosecutors, for hosting this year's Asia and Pacific Regional Conference here in Hong Kong. I am grateful, too, to the Department of Justice for its dedicated efforts in organising this essential international gathering.

Ladies and gentlemen, I wish you a conference replete with intelligence, insight and inspiration. And the best of prosecutions, in the year to come.

I invite you, too, to find time for all that Hong Kong has and can offer. Day and night. From the many pleasures of food and beverage, to the arts and entertainment in our East-meets-West centre for international cultural exchange. Autumn is a glorious season to hike the hills, seaside trails and country parks of Hong Kong, which make up some 40 per cent of our territory. That's Hong Kong, where the business of pleasure is everywhere you look. Work hard but enjoy Hong Kong.

Thank you.

Speech by CE at opening ceremony of 11th Asia and Pacific Regional Conference of the International Association of Prosecutors Source: HKSAR Government Press Releases

Speech by CE at opening ceremony of 11th Asia and Pacific Regional Conference of the International Association of Prosecutors Source: HKSAR Government Press Releases

Speech by CE at opening ceremony of 11th Asia and Pacific Regional Conference of the International Association of Prosecutors Source: HKSAR Government Press Releases

Speech by SJ at opening ceremony of 11th Asia and Pacific Regional Conference of the International Association of Prosecutors (with video)

Following is the speech by the Secretary for Justice, Mr Paul Lam, SC, at the opening ceremony of the 11th Asia and Pacific Regional Conference of the International Association of Prosecutors today (November 28):

The Honorable Chief Executive John Lee, Vice President of the IAP (International Association of Prosecutors) First Deputy Prosecutor General Tong Jianming (First Deputy Prosecutor General of the Supreme People's Procuratorate of the People's Republic of China, Class One Grand Prosecutor), Deputy Commissioner Fang Jianming (Deputy Commissioner of the Office of the Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the Hong Kong Special Administrative Region), Deputy Head Chen Feng (Deputy Head of the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region), Secretary-General of the IAP Roel Dona, Attorneys General, Prosecutors General, Consuls-General, delegates, distinguished guests, ladies and gentlemen,

Good morning. I would like to begin by expressing my heartfelt gratitude to the International Association of Prosecutors for giving Hong Kong the valuable opportunity of hosting the 11th Asia and Pacific Regional Conference. I also extend a very warm welcome to delegates and representatives of prosecutorial agencies across the world who are joining us for this meaningful event.

The International Association of Prosecutors, or "IAP" in short, was established in 1995, and is the only worldwide organisation of prosecutors. Today, it has more than 183 organisational members from over 177 jurisdictions. Hong Kong was elected to organisational membership of the IAP in 2001.

Since joining the IAP, Hong Kong has played an active role. At present, Mr Grenville Cross SC, a former Director of Public Prosecution of Hong Kong, is the Vice-Chairman of the Management Committee of the Senate of the IAP. Back in November 2004, Hong Kong hosted the 2nd Asia and Pacific Regional Conference. This was followed by the hosting of the 12th Annual Conference and General Meeting in September 2007.

And today, we gather together again to open the IAP's 11th Asia and Pacific Regional Conference. 20 years ago, representatives from some 14 jurisdictions attended the 2nd Regional Conference. This time, we have around 100 distinguished guests, senior government officials, legal professionals and experts, and representatives coming from around 30 jurisdictions and Hong Kong. Even though this is a regional conference of the Asia and Pacific, we have friends from the Middle East, Europe, Africa, North and South America.

This conference, like other conferences of the IAP, is significant because it serves as an important forum for members to consider collectively how we may better achieve the following purposes and objectives of the IAP, namely, "To improve international co-operation to combat crime" and, in particular, "to promote international co-operation in gathering and providing evidence; in tracking, seizing and forfeiting the proceeds of serious crime; and in the prosecution of fugitive criminals" as well as "to promote speed and efficiency in such international co-operation."

Hong Kong's strong commitment to support and participate in the work of the IAP is beyond doubt. In Hong Kong, prosecutors must follow the Prosecution Code promulgated by the Department of Justice. The Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors of the IAP adopted in 1999 are expressly mentioned and appear as Appendix II in the Code. Paragraph 5.1 of the Standards stresses the importance of international co-operation to ensure the fairness and effectiveness of prosecutions.

Hong Kong has signed bilateral mutual legal assistance agreements with 33 jurisdictions. In addition, 13 multilateral conventions targeting serious crimes which provide for mutual legal assistance have been applied to Hong Kong. And even in the absence of any applicable bilateral agreement or multilateral convention, mutual legal assistance may still be provided on the basis of a reciprocity undertaking provided by the requesting place.

We live in a world where technology is advancing at an unprecedented rapid pace. But while our society benefits substantially from modern technology, so too do criminals. New technologies enable traditional crimes to be committed by new methods, and peoples' heavy reliance on technology is constantly being exploited by criminals for illicit gains. Furthermore, crimes in this technological age are very often transboundary. It is clear that crimes featuring the use of modern technology have created novel challenges to prosecutors. For example, it can be difficult to identify the criminals or their whereabouts; and even if they can be identified and found, it can be difficult to bring them to justice in the relevant jurisdiction. How to preserve, transfer and adduce digital or technological evidence properly before the court can be challenging. To trace and recover the proceeds of crime in order to ensure that criminals will not benefit from their wrongdoings and victims can recover their loss is also a daunting task.

Even though we are coming from different jurisdictions having different criminal justice systems, we face the common question of how to maintain and promote the effectiveness of prosecutions in the light of these new challenges. International co-operation has become even more essential; and one important aspect is the sharing of knowledge and experience. That is why we have decided to select the theme of our Conference to be "Effective Prosecution Service in the Technological Age". Over the course of the next two days, there will be five plenary sessions in which distinguished speakers will lead us to explore various topics including law reform to combat technological crimes, the changing landscape and challenges of decentralisation from social media to virtual assets, strengthening mutual legal assistance arrangements, obtaining and handling digital evidence, and the impact of technological advancements on criminal evidence and procedure.

Modern technology is, of course, not inherently evil; it becomes evil only when it is misused and abused by criminals. Our overriding objective is not only to prevent, suppress and punish such misuses and abuses but also to outwit the criminals by becoming better users of modern technology, and make modern technology our close ally in our war against the criminals. I am confident that with a strong sense of determination, solidarity and co-operation among the prosecutors from around the world, we shall prevail.

Before I conclude, I wish to remind ourselves on one important point. While the theme of this conference is focused on effective prosecutions, we must never lose sight of the crucial importance that prosecutions must always be fair. While we may have to change our law, practice and procedure as well as to enhance international co-operation in different ways in order to meet the challenges posed by crimes in this technological age, fundamental principles governing fairness of prosecutions must not be compromised. After all, the rule of law requires that prosecutions must be both fair and effective.

On this note, I wish this Conference every success, and that all of you will have a fruitful and enjoyable time in Hong Kong. Thank you very much.