1. The decision was the result of an unlawful prosecution policy

The Chambers of the Attorney General had also provided transparency of its power to the public. Part of former AG Michael Thomas¡¦s speech on prosecution policy in the Legislative Council on 25 March 1987 has now been included into the Department of Justice¡¦s official document on Prosecution Policy: Guidance for Government Counsel (1998). It was designed to explain to the public the policy, principles, and practices of the prosecution authority. This document describes prosecutorial decision making as a two stage process. The first stage consists of evaluation of the evidence and assessing whether there is a ¡¥reasonable prospect for conviction¡¦ if the case goes to trial. The second stage is to consider whether bringing a prosecution would be in the public interest. The criteria used in prosecuting decisions are clearly listed to the public, making the office subject to public scrutiny. We can note that a high degree of accountability, independence, and transparency are achieved and are clearly expressed to the public, but is it enough?

Where there is doubt in whether his quasi-judicial powers are properly or fairly exercised, he is subject to the question of accountability. However, the AG does not need to defend his decision before a court. The leading case is Gouriet v Union of Post Office Worker [1978], the House of Lords held that the AG¡¦s exercise of power to come to a decision was not susceptible to judicial review, because it involved various aspects of the public interests. Per Lord Wilberforce ¡§¡K..are not such as courts are fitted or equipped to make.¡¨ Although the AG does not need to defend his decision before a court, he is still susceptible to questioning and debating from the Pa

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