有關政府犯法會否被刑事起訴的問題

1. Yes. There are many reasons that Secretary of Justice (SJ) will not prosecute:

a. The sovereignty is presumed to be correct, but not the officials.

For example, in a case involving wrongful arrest, the Commissioner of Police, but not the Police (Department), is the defendant.

(Under 1 country 2 systems, Hong Kong/Macau is considered as an independent sovereignty for legal purpose).

b. (Based on the above) It is easier to remove an official from the office, rather than prosecution (All Hong Kong officials are served in the pleasure of the Chief Executive with concurrence of the Central Government).

c. SJ (and his/her designees) is, by the law, the legal counsel for the Government. So there is a natural conflict of interest if SJ decides to prosecute the Government (as SJ will represent both sides at the same time).

d. Public Interest

2. Yes. At the least, there is one alleged incident:

http://zh.wikipedia.org/zh-hk/%E8%83%A1%E4%BB%99%E6%A1%88

3. Nothing.

a. Private prosecution is not allowed in Hong Kong.

b. Even a court can command SJ to prosecute, courts rarely do so and any request to the court to command the SJ rarely succeeded.

律政司怎告政府刑事罪，是應該告負責人吧。
如果告政府犯刑事罪，哪個人上庭 ? 罪成是哪個人坐監 ?

如果特首犯刑事罪，應該是由立法會罷免行政長官。
再由新政府新律政司長，起訴他 (他已經是普通市民)。