The first CUHK LAW 20th Anniversary Lecture on “The Exercise of Prosecutorial Discretion in Practice” was delivered by Professor Walter Woon Cheong Ming SC on 8 April 2026.

In this lecture, Professor Woon examined the exercise of prosecutorial discretion as it operates in practice rather than in theory, drawing on personal experience as a former Attorney General. The lecture challenged the perception of prosecutorial discretion as opaque or arbitrary, arguing instead that it is structured by identifiable legal, ethical, and practical considerations.

The discussion traced the historical emergence of the public prosecutor and highlighted the institutional tensions inherent in systems where the Attorney General serves both as government adviser and Public Prosecutor. Focusing on contemporary practice, Professor Woon analysed prosecutorial decision making through a seven stage framework: jurisdiction, fact finding, identification of offences, evidential sufficiency, the decision whether to prosecute, choice of charge, and sentencing position.

Through a discussion of notable cases Professor Woon discussed issues involving evidentiary limitations, and situations involving vulnerable parties. Particular emphasis was placed on the public interest, the meaning of proof beyond reasonable doubt, and the role of mercy. Professor Woon concluded that prosecutorial discretion is fundamentally about doing justice, reflecting the prosecutor’s duty as an officer of the court.