China Daily (Hong Kong)

Advocacy to breach law wrong: Top prosecutor

- By KAHON CHAN in HK kahon@chinadaily­hk.com

Kevin Zervos, the outgoing director of public prosecutio­ns, said it is not right to advocate a breach of the law and that the socalled “civil disobedien­ce” mapped out in the “Occupy Central” campaign is not justifi ed as there is no unjust law to break.

Zervos, set to retire in 10 days, met the press for the last time on Thursday and shared his thoughts on the “expression of individual rights”: “If you want your rights to be respected, you’ve got to respect the rights of others.”

The counsel from Australia, officially described as a specialist in human rights who holds a master’s degree in human rights’ laws, said “Occupy” is different from the “civil disobedien­ce” endorsed by Mahatma Gandhi and Martin Luther King Jr.

While the great leaders had pushed for disobedien­ce of unjust laws — such as one separating black and white bus passengers, Zervos said, local laws on public assemblies are not unjust as they ensure the protection of safety and welfare of the community.

Zervos, who said he will “stand up for” the community of Hong Kong, urged people desperate to make their voices heard to take others into account. “I don’t believe anyone would want to see Hong Kong ruined or lose its magic,” he said.

He said he believes in the law and that the city boasts a first-class legal system, underpinne­d by the right institutio­ns, to ensure justice is dispensed at all time. “It is not right to advocate a breach of law,” he said. “You can demonstrat­e, but according to the laws.”

It is a prosecutor’s obligation to uphold the laws, he said, and thus it was unfounded and not true that his team has pursued “political prosecutio­n”

I don’t prosecute in the name of the government and the law enforcemen­t. I prosecute in the name of the community.”

KEVIN ZERVOS DIRECTOR OF PUBLIC PROSECUTIO­NS OF THE DEPARTMENT OF JUSTICE

against protesters.

Regular faces in demonstrat­ion-related trials, he explained, have kept “seriously” crossing the line. “They’ve engaged in conduct that they shouldn’t and they keep pushing it. That’s why these people keep coming to court,” he said.

A responsibl­e advocate for human rights, he said, should have publicly corrected the misguided criticism, but he said it was “upsetting” for him that has not been the case.

A certain degree of leeway, nonetheles­s, is allowed as people might simply be “carried away emotionall­y” in demonstrat­ions, he admitted. Most protesters arrested at a rally in July 2011, for example, received warning letters and only a few headed for the court.

Melody Chan Yuk-fung was one of those who almost faced a trial — she was bound over last month for a period of 12 months. Zervos said a bind over was not a let-off — the considerat­ion was whether a conviction would disproport­ionately derail one’s promising career.

A “highlight” of Zervos’ tenure has been some high-profile graft cases, including one involving former chief executive Donald Tsang Yam-kuen. He said the probe, which has necessitat­ed overseas inquiries, is still underway.

He said that once a case is being investigat­ed by a law-enforcemen­t agency, one should not “exploit it politicall­y” because it may damage the reputation of the subject of the probe and leave an adverse impact on the case.

But he also stressed no matter how a case was brought to the attention of the public — even through political maneuverin­g — the law enforcemen­t should not be distracted from the fact that the matter still has to be addressed.

The outgoing prosecutor, who held an unusual press briefing earlier this month to explain reasons for not prosecutin­g former executive councillor Franklin Lam Fankeung, placed emphasis on accountabi­lity and transparen­cy in the work of the prosecutio­n.

“I don’t prosecute in the name of the government and the law enforcemen­t. I prosecute in the name of the community,” he said. The people make the organizati­on, he added.

Senior barrister Keith Yeung Karhung, an outsider, will take over Zervos’ office from Sept 9.

Zervos assured he will not make “silly comments” on cases once he retires, as he queried, “what do you know about the cases?”

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