Grenville Cross
Encyclopedia
Ian Grenville Cross, SBS, QC, SC (江樂士) (born 15 June 1951) was appointed Director of Public Prosecutions
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...

 (DPP) of Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

, on 15 October 1997, and held this post for 12 years, until 21 October 2009. He was the first DPP to be appointed after the transfer of the sovereignty of Hong Kong from the United Kingdom to China on 1 July 1997, and the appointment was regarded as a sign that expatriates still had a role to play in government in the post-colonial period. A career prosecutor, Cross was the seventh holder of the post since its creation in 1979, and the longest serving.

Education and early career

Cross was educated privately at Culford School
Culford School
Culford School is a coeducational HMC and IAPS public school for pupils age 3–18. Founded in 1881, it is situated in Culford, four miles north of Bury St Edmunds in Suffolk, England.-History:...

 (1959–1969), Suffolk, England, where he chaired the Debating Society. In 1973, he graduated in law from the University of Southampton
University of Southampton
The University of Southampton is a British public university located in the city of Southampton, England, a member of the Russell Group. The origins of the university can be dated back to the founding of the Hartley Institution in 1862 by Henry Robertson Hartley. In 1902, the Institution developed...

, where, at different times, he chaired both the Conservative and Unionist Association and the Conservative Monday Club
Conservative Monday Club
The Conservative Monday Club is a British pressure group "on the right-wing" of the Conservative Party.-Overview:...

. He read for the Bar at the College of Law, Chancery Lane, London EC4 (1973–1974).

Cross was called to the Bar of England and Wales by the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...

, of which he was a Blackstone Entrance Exhibitioner (Major), in 1974, and was admitted to the Bar of Hong Kong in 1981.

Cross practised on the South Eastern Circuit of England and Wales from the chambers of Jeffrey Thomas, QC, MP, at 3, Temple Gardens, London, EC4, from 1974 to 1976, and was then retained as an in-house prosecutor by HM Customs and Excise Department for England and Wales, from 1976 to 1978.

Cross joined the Attorney General's Chambers (now the Department of Justice
Department of Justice (Hong Kong)
The Department of Justice is the department responsible for the laws of Hong Kong headed by the Secretary for Justice. Before 1997, the names of the department and the position was the Legal Department and Attorney General respectively....

) of Hong Kong as Crown Counsel in 1978.

Cross was the founding chairman of the Charles James Fox
Charles James Fox
Charles James Fox PC , styled The Honourable from 1762, was a prominent British Whig statesman whose parliamentary career spanned thirty-eight years of the late 18th and early 19th centuries and who was particularly noted for being the arch-rival of William Pitt the Younger...

 Society, of which Group Captain Maurice Fox-Strangways, 9th Earl of Ilchester
Earl of Ilchester
Earl of Ilchester, is a title in the Peerage of Great Britain. It was created in 1756 for Stephen Fox, 1st Baron Ilchester, who had previously represented Shaftesbury in Parliament. He had already been created Baron Ilchester, of Ilchester in the County of Somerset in 1741, and Baron Ilchester and...

, a descendant of the statesman, was patron, and the Society, which met annually at the Intrepid Fox public house, in Soho
Soho
Soho is an area of the City of Westminster and part of the West End of London. Long established as an entertainment district, for much of the 20th century Soho had a reputation for sex shops as well as night life and film industry. Since the early 1980s, the area has undergone considerable...

, and at the Fox memorial, in Bloomsbury Square
Bloomsbury Square
Bloomsbury Square is a garden square in Bloomsbury, Camden, London.- Geography :To the north of the square is Great Russell Street and Bedford Place, leading to Russell Square. To the south is Bloomsbury Way. To the west is the British Museum and Holborn tube station is the nearest underground...

, promoted an awareness of the life and achievements of the Whig leader and foreign secretary.

Career in public prosecutions

As DPP, Cross, with the support of Secretary for Justice Elsie Leung
Elsie Leung
Elsie Leung Oi-sie, GBM JP, was the Secretary for Justice of Hong Kong from 1997 to 2005, and was a member of the Executive Council of Hong Kong. She was succeeded by Wong Yan Lung, SC, on 20 October 2005.-Education:...

, initiated a programme of modernisation, transparency and internationalisation, to promote the 'One country, two systems' formula in the area of public prosecutions. He introduced three strategic reviews, designed to strengthen his Office. He created a new sub-division for appellate advocacy, with a mandate to enhance the standards of prosecution in the appeal courts. He expanded his Office to develop its capacity to prosecute all types of crime, appointed Prosecution Policy Co-ordinators to provide expert advice within their portfolios, and created the Computer Crime Team. He established the Standing Committee on Disclosure, to keep the disclosure arrangements of prosecutors under regular review. He developed close links with victim groups, most notably Against Child Abuse, many of which met directly with prosecutors. He arranged advanced training courses for prosecutors at all levels, and introduced training seminars for private counsel who prosecute on the DPP's fiat. Close ties were also forged with prosecutors in other jurisdictions, and he lectured widely in the Mainland and in the Macao Special Administrative Region.

After taking office, Cross sought to make the work of prosecutors more understandable to the community, and to enhance prosecution techniques. He introduced an annual report (The Yearly Review of the Prosecutions Division), to promote transparency. He published detailed prosecution policy guidelines, to explain all aspects of public prosecutions (The Statement of Prosecution Policy and Practice). He issued tailor-made guidelines on how prosecutors should treat those affected by crime (The Statement on the Treatment of Victims and Witnesses). He produced specific guidance on best practice in the conduct of domestic violence cases (The Policy for Prosecuting Cases involving Domestic Violence). To enhance advocacy standards, he initiated a Criminal Advocacy Manual, as well as a Criminal Appeals Manual. So that prosecutors fully understood the duty of disclosure to the defence of relevant material, the Manual on Disclosure was issued for their reference. Cross also introduced a code identifying the standards required of expert witnesses (The Code of Practice for Expert Witnesses Engaged by the Prosecuting Authority).

The decisions Cross took on particular cases sometimes aroused controversy, often intense, particularly in cases of non-prosecution, and this had certain consequences.

The decisions not to prosecute media tycoon Sally Aw
Sally Aw
Sally Aw Sian, OBE. DStJ, JP is a Hong Kong businesswoman and adopted daughter of Chinese entrepreneur Aw Boon Haw.In 1931, Aw Boon Haw and the second of his four wives adopted the five-year-old daughter of a distant relative from Burma, changing the girl's name from She Moi to Sian...

 for alleged circulation fraud, financial secretary Antony Leung
Antony Leung
Antony Leung Kam-chung GBS JP was the former Financial Secretary of the Hong Kong Special Administrative Region...

 for alleged misconduct in public office, student Godfrey Nguyen (the son of Cross's predecessor) for alleged possession of dangerous drugs, assistant housing director Poon Kai Tik for alleged theft, legislative councillor James To
James To
James To Kun-sun is a member of the Legislative Council of Hong Kong representing the Kowloon West constituency. James To was also a member of the Yau Tsim Mong District Council until 2007.-Views, policy positions and Legco voting:...

 for alleged misconduct over a constituency office, retired high court judge Michael Wong
Michael Wong
Michael Wong may refer to:*Michael Wong , also known as Michael Fitzgerald Wong or Wong Man-Tak, Hong Kong based actor, director, producer and singer*Michael Wong , also known as Guang Liang, Taiwan-based Malaysian singer...

 for alleged misuse of expenses, and bodyguards employed by the family of Zimbabwe President Robert Mugabe
Robert Mugabe
Robert Gabriel Mugabe is the President of Zimbabwe. As one of the leaders of the liberation movement against white-minority rule, he was elected into power in 1980...

 for alleged assaults on journalists, attracted particular criticism in some quarters, including sections of the media and the political establishment. When pressed to explain these and other decisions, Cross responded that "Upholding the rule of law is not about winning popularity contests, but about doing what is right."

By contrast, the cases in which Cross authorised prosecution usually attracted only limited criticism, and were often welcomed. These included the decisions to prosecute legislative councillor Gary Cheng
Gary Cheng
Gary Cheng Kai Nam is a Hong Kong politician who served as Vice Chairman for the Democratic Alliance for the Betterment and Progress of Hong Kong party. He was a long time member of the Legislative Council. During the legislative election in 2000, he was exposed for failing to disclose his...

 for misconduct in public office, retired high court judge Miles Jackson-Lipkin for social welfare fraud, pop star Nicholas Tse
Nicholas Tse
Nicholas Tse is a Hong Kong singer-songwriter, actor and musician, and son of actor Patrick Tse. He is a member of the Emperor Entertainment Group...

 for attempting to pervert the course of public justice, socialite Pamela Pak
Pamela Pak
Pamela Peck Wan-kam was a Hong Kong radio agony aunt and celebrity and now a member of Wan Chai District Council. Since 1989 she has been the partner of 'celebrity' lawyer and legislator Paul Tse.-Early life:...

 for tax evasion, politician Chim Pui Chung
Chim Pui Chung
Chim Pui Chung is the member of the Legislative Council of Hong Kong , representing financial services industry in functional constituencies seats...

 for cheating, tax chief Agnes Sin for dishonestly obtaining rental allowances, chief property manager Shum Kwok Sher for misconduct in public office, and political activist Leung Kwok Hung for holding an unauthorised assembly.

When it was announced in 2009 that Cross, who did not enjoy security of tenure, was to leave his post prematurely, speculation was rife that untoward influences had played a part, and that vested interests, upset by his decisions on particular cases, had brought pressure to bear. The lack of any obvious successor fuelled the speculation, as did the absence of any clear indication of support from his departmental head, Wong Yan Lung
Wong Yan Lung
Wong Yan-lung, SC, JP is the current Secretary for Justice of Hong Kong since 20 October 2005.-Early years:Wong grew up in a small flat in Tai Wong Street East in Wan Chai. He sold ice cream with his father for a monthly income of HK$300-HK$400. Wong graduated from secondary school at Queen's...

, a political appointee. In response to questions from the South China Morning Post
South China Morning Post
The South China Morning Post , together with its Sunday edition, the Sunday Morning Post, is an English-language Hong Kong newspaper, published by the SCMP Group with a circulation of 104,000....

 on 9 November 2009, Cross said "Of course, after 12 years, one makes powerful enemies, both within the government and outside, and the real surprise is not that I am going, but that I have managed to survive for so long." He added that the time had come for consideration to be given to the creation of the post of independent DPP, free of superintendence by a political appointee, as in England and Wales, and that the incumbent should have secure tenure. Cross opined that an independent DPP would not be incompatible with the Basic Law
Basic Law
The term basic law is used in some places as an alternative to "constitution", implying it is a temporary but necessary measure without formal enactment of constitution. A basic law is either a codified constitution, or in countries with uncodified constitutions, a law given to have constitution...

, Hong Kong's mini-constitution.

Prior to his appointment as DPP, Cross served, from 1991 to 1997, as the Deputy DPP of Hong Kong, specialising in appellate advocacy. In that capacity, he prosecuted the last criminal case from Hong Kong to be heard by the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

 (R v Peter Maclennan), in June 1997, and the first criminal case to be heard by the Hong Kong Court of Final Appeal (HKSAR v Mui Po Chu), in September 1997. He conducted twelve appeals before the Judicial Committee between 1988 and 1997, and after reunification he prosecuted six appeals before the Hong Kong Court of Final Appeal (and its Appeal Committee), which replaced the Judicial Committee as Hong Kong's ultimate appellate body on 1 July 1997.

In the post of Senior Assistant Crown Prosecutor, Cross headed the Criminal Appeals Unit of the (then) Legal Department of Hong Kong, from 1986 to 1991, and, prior to that, he was a general trial prosecutor in the Department, from 1978 to 1986.

Cross was appointed Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...

 in 1990, becoming Senior Counsel
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...

 in 1997, following the reunification. Aged 38, he was the youngest prosecutor to have taken silk in Hong Kong, a distinction that he retains.

From 1999 to 2010, Cross served as an Official Justice of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...

 (JP).

The Hong Kong Tourism Board
Hong Kong Tourism Board
The Hong Kong Tourism Board is a Government-subvented body founded in 2001. The Board replaced the Hong Kong Tourist Association established in 1957...

 appointed Cross as its Hong Kong Convention Ambassador for 2003 to 2005, and again for 2006 to 2007.

Cross has served as Chairman of the Committee on the Evidence of Children in Criminal Proceedings, Chairman of the Committee on Information Technology in Courts, and Chairman of the Committee on Costs in Criminal Proceedings, and he also served on the Law Reform Commission's Sub-committee on Arrest.

Cross was awarded the Silver Bauhinia Star
Silver Bauhinia Star
The Silver Bauhinia Star is the second rank in the Order of the Bauhinia Star in Hong Kong, awarded to persons who have taken a leading part in public affairs or voluntary work over a long period...

 (SBS) in the Hong Kong Special Administrative Region Establishment Day Honours List 2010, for, according to the citation, 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."

International work

As DPP, Cross promoted contacts with prosecutors in other parts of China, as well as at the global level. On 1 January 2001, he led his Office into organisational membership of the International Association of Prosecutors
International Association of Prosecutors
The International Association of Prosecutors, IAP - the only global non-governmental organisation of prosecutors, established by the United Nations in 1995, Vienna.Organisation includes about 200,000 members from over 120 states....

, as its 75th organisational member. In 2004, he hosted the Association's 2nd Asia-Pacific Regional Conference, the theme of which was "Dealing with Drug Offenders." In 2007, he hosted the Association's 12th Annual Conference and General Meeting, the theme of which was "Relations with Others: Accountability, Transparency and Independence." In 2007, he was elected to the Executive Committee of the Association, for a 3-year term. On 7 September 2010, at a ceremony in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...

, he received the Association's Certificate of Merit from the President of the Association, James Hamilton
James Hamilton
-Dukes:*James Hamilton, 1st Duke of Hamilton , heir to the throne of Scotland*James Hamilton, 4th Duke of Hamilton , Scottish nobleman*James Hamilton, 5th Duke of Hamilton , Scottish nobleman...

. He is currently serving in the Senate of the Association.

Later appointments

After relinquishing his post as DPP, Cross, who had previously declined a judgeship in the High Court, accepted a series of law-related appointments. On 22 October 2009, he was appointed Special Counsel to the Secretary for Justice, Hong Kong. On 23 April 2010, he was appointed Adjunct Professor of Law, Institute of Procedural Law Research,
China University of Political Science and Law
China University of Political Science and Law
China University of Political Science and Law is a university in Beijing, People's Republic of China. Its law school is considered one of the best in China. In 2009, The Ministry of Education ranked CUPL 2nd among top law schools in China. CUPL has two campuses, one in Haidian, which is the...

, Beijing. On 1 September 2010, he was appointed Honorary Professor of Law, Faculty of Law, The University of Hong Kong
The University of Hong Kong
The University of Hong Kong is the oldest tertiary institution in Hong Kong. Its motto is "Sapientia et Virtus" in Latin, meaning "wisdom and virtue", and "" in Chinese...

. On 7 September 2010, he was appointed a Senator of the International Association of Prosecutors
International Association of Prosecutors
The International Association of Prosecutors, IAP - the only global non-governmental organisation of prosecutors, established by the United Nations in 1995, Vienna.Organisation includes about 200,000 members from over 120 states....

. On 28 September 2010, he was appointed Sentencing Editor of Hong Kong Cases (LexisNexis
LexisNexis
LexisNexis Group is a company providing computer-assisted legal research services. In 2006 it had the world's largest electronic database for legal and public-records related information...

). On 11 February 2011, he was appointed Visiting Professor of Law, Faculty of Law, The Chinese University of Hong Kong. On 26 June 2011, he was elected Vice Chairman of the Senate of the International Association of Prosecutors
International Association of Prosecutors
The International Association of Prosecutors, IAP - the only global non-governmental organisation of prosecutors, established by the United Nations in 1995, Vienna.Organisation includes about 200,000 members from over 120 states....


Editorships and published works

Cross is the Co-author of Sentencing in Hong Kong, now in its sixth edition. He is the Sentencing Editor of Archbold Hong Kong
Archbold Criminal Pleading, Evidence and Practice
Archbold Criminal Pleading, Evidence and Practice is the leading practitioners' text for criminal lawyers in England & Wales and several other common law jurisdictions around the world....

. He serves on the Editorial Board of Hong Kong Cases. He was previously General Editor of the Criminal Appeals Bulletin (1986–2009), and Consultant Editor of Hong Kong Law Reports and Digest (1988–2006).

Personal life

Cross is married to Elaine YL Tsui, PMSM, MCIL, an artist, and previously a Superintendent
Superintendent (police)
Superintendent , often shortened to "super", is a rank in British police services and in most English-speaking Commonwealth nations. In many Commonwealth countries the full version is superintendent of police...

 in the Hong Kong Police Force
Hong Kong Police Force
The Hong Kong Police Force is the largest disciplined service under the Security Bureau of Hong Kong. It is the world's second, and Asia's first, police agency to operate with a modern policing system. It was formed on 1 May 1844, with a strength of 32 officers...

. He is the eldest son of Lt Col JA Cross (dec'd), formerly of the Intelligence Corps and the XXth (Lancashire) Regiment of Foot, and Mrs D Cross (née Hyde). He is godfather to Beatrix, Sarah and Larry.
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