The titles of Senior Government Counsel and Government Counsel in Prosecutions Division have been changed to Senior Public Prosecutor and Public Prosecutor to better reflect their independence, the Department of Justice says.

The move followed the enactment of the Statute Law (Miscellaneous Provisions) Ordinance 2008 today. The titles Senior Government Counsel and Government Counsel in Legal Officers Ordinance Schedule 1 may sometimes have given rise to the perception prosecuting counsel in the department act on behalf of the Government, when in fact their role is independent.

The department said the notion of prosecutorial independence has been central to the role of the public prosecutor before and after reunification, and it is therefore important they are seen to be independent of the Government.

While prosecutorial independence is guaranteed by Basic Law Article 63, the title changes will help correct the erroneous impression prosecutors are government agents.