Grenville Cross
Grenville Cross | |
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Director of Public Prosecutions | |
In office 15 October 1997 – 21 October 2009 | |
Preceded by | Peter Nguyen |
Succeeded by | Ian McWalters |
Vice-Chairman of IAP Senate | |
Incumbent | |
Assumed office 26 June 2011 to 24 September 2023 | |
Chairman, Standing Committee, Prosecutors in Difficulty, IAP | |
Incumbent | |
Assumed office 26 April 2013 | |
Personal details | |
Born | (1951-06-15) 15 June 1951 (age 73) |
Nationality | British |
Spouse | Elaine YL Tsui |
Residence(s) | Hong Kong and Macao |
Alma mater | Culford School University of Southampton Middle Temple |
Profession | Barrister-at-law Academic Author |
Ian Grenville Cross | |||||||||||||
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Chinese name | |||||||||||||
Traditional Chinese | 江樂士 | ||||||||||||
Simplified Chinese | 江乐士 | ||||||||||||
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Vietnamese name | |||||||||||||
Vietnamese | Giang Lạc-sĩ | ||||||||||||
Ian Grenville Cross GBS KC SC JP (Chinese: 江樂士, born 15 June 1951) is a British barrister who was appointed Director of Public Prosecutions (DPP) of Hong Kong on 15 October 1997, and held this post for over 12 years, until 21 October 2009. [1]He was the first DPP to be appointed after the transfer of sovereignty over Hong Kong on 1 July 1997, and the appointment signalled that suitably qualified expatriates who were committed to Hong Kong still had a role to play in government in the post-colonial era. A career prosecutor, Cross was the seventh holder of the post since its creation in 1979, and the longest serving. On 26 June 2011, he was elected the Vice-Chairman (Senate) of the International Association of Prosecutors, of which he is a Senator-for-Life.[2]
Education and early career
He was educated privately at Culford School (1959–69), Suffolk, England, where he chaired the Debating Society. In 1973, he graduated in law from the University of Southampton, where, at different times, he chaired both the Conservative and Unionist Association and the Conservative Monday Club[3]. He read for the Bar at the College of Law, Chancery Lane, London EC4 (1973–74).[4]
Cross was called to the Bar of England and Wales in 1974 by the Middle Temple, of which he was a Blackstone Entrance Exhibitioner (major), and was admitted in 1981 to the Bar of Hong Kong.[5] He practised on the South Eastern Circuit of England and Wales, from the chambers of Jeffrey Thomas, QC, MP, at No. 3 Temple Gardens, London, EC4, from 1974 to 1976.[6] He was then appointed an in-house prosecutor by HM Customs and Excise Department for England and Wales, from 1976 to 1978.[7] He joined the Attorney General's Chambers (now the Department of Justice) of Hong Kong as Crown Counsel in 1978.[3]
Public prosecutions
As Director of Public Prosecutions in Hong Kong, Cross, with support from Secretary for Justice Elsie Leung, work to modernize and internationalize the public prosecution system.[8]
Prior to his appointment as DPP, Cross served, from 1991 to 1997, as the Deputy DPP of Hong Kong, specialising in appellate advocacy.[7] In that capacity, he prosecuted the last criminal case from Hong Kong to be heard by the Judicial Committee of the Privy Council (R v Peter Maclennan), in June 1997, and the first criminal case to be heard by the Court of Final Appeal of Hong Kong (HKSAR v Mui Po Chu), in September 1997. He conducted twelve appeals before the Judicial Committee of the Privy Council between 1988 and 1997, and, after the transfer of sovereignty of Hong Kong, he prosecuted six appeals before the Hong Kong Court of Final Appeal (and its Appeal Committee), which replaced the Judicial Committee of the Privy Council as Hong Kong's ultimate appellate body on 1 July 1997.[9]
Cross was appointed Queen's Counsel in 1990 (which became King's Counsel upon the death of Queen Elizabeth II on 8 September 2022), becoming Senior Counsel in 1997, following the transfer of sovereignty of Hong Kong. Aged 38, he was the youngest prosecutor to have taken silk in Hong Kong, a distinction that he retains.[10] From 1999 to 2010, Cross served as an Official Justice of the Peace (JP). The Hong Kong Tourism Board appointed Cross as its Hong Kong Convention Ambassador for 2003 to 2005, and again for 2006–07.
As DPP, Cross fostered connections with prosecutors across China and globally.[2] He led his Office into the International Association of Prosecutors in 2001 and hosted key conferences in 2004 and 2007 on drug offenses and prosecutorial transparency.[5] Elected to the association's executive committee in 2007, he later received a Certificate of Merit in 2010. He continues to serve in the association's Senate.[7]
Cross was awarded the Silver Bauhinia Star (SBS) in the Hong Kong Special Administrative Region Establishment Day Honours List 2010. According to the citation, the award was in recognition of his work for the government and the community, "particularly his valuable contribution to the development of prosecution services in Hong Kong and in raising the profile of the Hong Kong prosecution services in the international arena".[10]
After relinquishing his post as DPP, Cross, who had previously declined a judgeship in the High Court, accepted a series of appointments, mostly law-related.On 22 October 2009, He was appointed special counsel to the Secretary for Justice. In the following years, he took on several academic and professional roles, including adjunct professor of law at the China University of Political Science and Law, honorary professor at the University of Hong Kong, and visiting professor at The Chinese University of Hong Kong. He also held significant positions in the International Association of Prosecutors, including Senator-for-Life and vice-chairman of the Senate, and chaired its Standing Committee on Prosecutors in Difficulty.[11] Additionally, he served as sentencing editor of Hong Kong Cases and became an honorary consultant to the Child Protection Institute by Against Child Abuse, Hong Kong.[12]
On 26 October 2016, he was appointed as a visiting professor of law at Zhongnan University of Economics and Law in Wuhan. [3]Two years later, on 3 April 2018, he became the Leave Means Leave Ambassador for Hong Kong and Macao.[13]
He joined the Council and Court of the University of Hong Kong on 1 December 2021. His leadership was further acknowledged on 8 April 2022, when he was appointed chairman of the University’s Discrimination Complaints Committee and Staff Grievances Panel. His expertise was also sought in the political realm, as he was appointed to the 90-member advisory Presidium for John Lee Ka-chiu’s campaign for HKSAR Chief Executive on 20 April 2022. Most recently, on 1 May 2023, he assumed the role of Advisor to The Wharf Group, reflecting his continued influence and involvement in both public and private sectors.[14]
On 1 December 2021, he was appointed a Member of the Council and Court of the University of Hong Kong.[15]
Views
In an open letter to Rishi Sunak in 2024, Cross presents a defense of Hong Kong's legal system and governance under the "one country, two systems" framework, arguing that Hong Kong's rule of law remains robust and independent.[16] He contends that Jimmy Lai's prosecution is not politically motivated but based on legitimate legal grounds related to national security, emphasizing that free speech is constitutionally protected but not absolute. Cross criticizes foreign commentary, particularly from UK officials, as misinformed and urges a more accurate understanding of Hong Kong's legal environment. He highlights that the National Security Law has restored stability and is aligned with international legal standards, countering claims that it has damaged Hong Kong.[17]
On 27 May 2020 Cross spoke to Dot Dot News (Hong Kong based, owned by media group controlled by the Hong Kong Liaison Office) in a filmed interview entitled 'National Security Law for HK | Insight from Grenville Cross: Is it legitimate?' [18][19] After the National Security Law came into effect, Cross stated that Malaysia and Singapore "ha[ve] national security laws which are far more draconian than Hong Kong's, in terms of preventive detention, bail denial, admissibility of incriminating evidence, and punishment."[20] He has argued that "[t]he new law...while recognizing that national security must be safeguarded, also acknowledges that the rights of a defendant must also be protected, which is exactly the approach adopted throughout the common law world."[21][22]
Editorships and published works
Cross is the co-author of Sentencing in Hong Kong, now in its eleventh edition. He is the Sentencing Editor of Archbold Criminal Pleading, Evidence and Practice.[23] He serves on the Editorial Board of Hong Kong Cases. He was previously General Editor of the Criminal Appeals Bulletin (1986–2009),[12] and Consultant Editor of Hong Kong Law Reports and Digest (1988–2006).[citation needed]
Personal life
Cross is married to Elaine Tsui Yee-lin 徐怡玲, PMSM, MCIL, an artist and a former Superintendent of the Hong Kong Police Force.[12]
References
- ^ "Former DPP Grenville Cross reveals split over Sally Aw Sian prosecution". South China Morning Post. 17 November 2013. Retrieved 29 August 2024.
- ^ a b "Cross: Take every opportunity to defend HK's rule of law". chinadailyhk. Retrieved 29 August 2024.
- ^ a b c "Mr. Ian Grenville CROSS". The Chinese University of Hong Kong. Retrieved 29 August 2024.
- ^ "The future of Hong Kong | Jesus College in the University of Cambridge". www.jesus.cam.ac.uk. Retrieved 29 August 2024.
- ^ a b "GRENVILLE CROSS: International friends can take great comfort from Hong Kong's progress over the last 25 years". Bauhinia Magazine. 1 March 2022. Retrieved 29 August 2024.
- ^ Episode 26 - Grenville Cross - Law & More: The Boase Cohen & Collins Podcast. Retrieved 29 August 2024 – via www.buzzsprout.com.
- ^ a b c "Grenville Cross - Still Vocal After All These Years". Varsity. 31 March 2017. Retrieved 29 August 2024.
- ^ Prosecutions Division 2000@12–13
- ^ "Judiciary of the Hong Kong Special Administrative Region of the People's Republic of China". judiciary.gov.hk. Retrieved 10 August 2019.
- ^ a b Hong Kong Government Gazette Extraordinary No. 17, Vol. 14, 1 July 2010
- ^ "Former Hong Kong prosecutor Grenville Cross not retiring quietly". South China Morning Post. 2 September 2013. Retrieved 29 August 2024.
- ^ a b c Profile Archived 23 December 2008 at the Wayback Machine, doj.gov.hk; accessed 17 July 2014.
- ^ 孙汝. "Brexit Britain: Fresh challenges, new opportunities, and closer partnerships with China". global.chinadaily.com.cn. Retrieved 29 August 2024.
- ^ "G.N.(E.) 410" Hong Kong Government Gazette (No. 175, Vol. 25 (Extraordinary), 1 July 2021)
- ^ "GRENVILLE CROSS: International friends can take great comfort from Hong Kong's progress over the last 25 years". Bauhinia Magazine. 1 March 2022. Retrieved 29 August 2024.
- ^ "Opinion | Sorry Britain, Hong Kong's national security law doesn't breach the Joint Declaration". South China Morning Post. 25 January 2024. Retrieved 29 August 2024.
- ^ "Grenville Cross' open letter to UK Prime Minster Rishi Sunak". chinadailyhk. Retrieved 29 August 2024.
- ^ Archived at Ghostarchive and the Wayback Machine: National Security Law for HK | Insight from Grenville Cross: Is it legitimate?江樂士談「港區國安法」:香港相關法律尚未健全. YouTube.
- ^ "Interview: Draft law on safeguarding national security in HKSAR respects judicial independence: British barrister". XinhuaNet. Xinhua News Agency. 22 June 2020. Archived from the original on 23 June 2020. Retrieved 23 June 2020.
- ^ "Britain's foreign secretary is no friend to Hong Kong and the rule of law". South China Morning Post. 1 December 2020. Retrieved 11 April 2021.
- ^ "National security judge selection system is proper". chinadailyhk. Retrieved 11 April 2021.
- ^ Cohen, Jerome A. (17 June 2020). "Will China's New National Security Law Be the 'Anti-Virus' Software That Locks Down Hong Kong?". The Diplomat. Retrieved 14 September 2021.
- ^ Archbold Criminal Pleading, Evidence and Practice, hkbookcity.com; accessed 17 July 2014.
Legal offices | ||
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Preceded by Peter Nguyen | Director of Public Prosecutions of Hong Kong 1997–2009 | Succeeded by |