The Basic Law provides for both the independence of the Procuratorate and the Judiciary, as both are vital under the rule of law in Hong Kong. This paper examines issues relating to prosecutorial independence and judicial independence of higher courts. In fact both do not function in complete independence, as the judiciary is perceived as more independent. As both are vital to the rule of law in Hong Kong, the independence of the prosecution and the judicial independence of the higher courts must be held to the highest standards. Prosecutorial Independence: The prosecutorial function of the Department of Justice is carried out by the Prosecution Division, whose role is to: "prosecute trials and appeal on behalf of the RAS, provide legal advice to law enforcement agencies on their investigations and, generally, exercise on behalf of the Secretary of Justice the discretion whether or not to institute criminal proceedings in court." Hong Kong SAR. The Division also provides advice and assistance to government offices and departments in relation to any criminal law aspects of proposed legislation. The Basic Law guarantees that criminal proceedings are free from any interference. Section 15(1) of the Criminal Procedure Ordinance (Cap. 221) provides that "the Minister for Justice is not required to prosecute an accused person in any case where he or she considers that the interests of public justice do not require prosecution. his interference." Article 1.1 of the Prosecutor's Code establishes that “the public prosecutor is required to act in the general public interest, but independently as “minister of justice”. In making decisions and exercising discretion, the prosecutor must act fairly and impartially on the basis of the law, facts demonstrable by the accused... middle of paper... Ken out, the gap between the 2 functions will substantially narrow the field. While there are many interpretations of Article 158, it is not surprising to see that prosecutors can be more independent than judges in higher courts. Of course the chance of this happening is small as the interpretation of Article 158 is not often seen. Conclusion: In summary, both the prosecutorial and judicial functions are not as independent as they should be. For the moment, the judicial function is perceived as more independent, but the situation can however be reversed in some scenarios described above. In answer to the other question “nor will they,” such a reversal is not expected to occur in the near future. Since both functions are important to the rule of law in Hong Kong, the general public expects both to be as independent as possible.