The intensity of the review depends on the context behind it and upon common sense. This was the approach taken in "Marchiori v. Environment Agency" (2002) which noted that "one context will shade into another". He highlighted four principles that bear noting when determining whether an issue is justiciable:   In "Lee Hsien Loong" the appellants, which were in Hong Kong, challenged the jurisdiction of the High Court to hear a defamation suit brought by the respondents on the ground, among others, that the service of the writ should have been effected in accordance with the civil procedure convention set down in the Treaty of Judicial Assistance in Civil and Commercial Matters between the Republic of Singapore and the People's Republic of China. Thus, although this was not a judicial review case, the Court had to consider the justiciability of determining whether the treaty applied to Hong Kong, and whether the Court could depart from the views of the executive branch on the matter which were stated in a letter issued by the Ministry of Foreign Affairs. The Court held that the present case did not involve the exercise of the sovereign or legislative prerogative in matters of high policy. Rather, it was concerned with the effect, and not the making, of the treaty or whether it was advisable. Thus, the letter from the Ministry was not an exercise of executive prerogative power, but merely a statement of opinion. Furthermore, the appeal did not engage foreign policy considerations. The treaty was a civil convention between two countries and an agreement to render mutual judicial assistance, and had nothing to do with foreign affairs other than that it was made between state parties. It also did not involve the policing of government conduct in international affairs, because it only implicated the procedures private litigants had to take to serve writs on defendants residing in Hong Kong. When interpreting the treaty, the Court only had to determine the domestic legal obligations of the respondents seeking to serve a writ out of jurisdiction. Thus, the issue of whether the treaty applied to Hong Kong was justiciable, and the Ministry's letter was not decisive on the matter. Article 35(8) of the Constitution of Singapore empowers the Attorney-General to institute, conduct or discontinue any criminal proceedings. This provision confers wide discretionary powers upon the Attorney-General. However, since unfettered discretion contradicts the rule of law, the Attorney-General's powers are not absolute and are subject to legal limits. In "Law Society of Singapore v. Tan Guat Neo Phyllis" (2008), a three-judge bench of the High Court consisting of Chief Justice Chan Sek Keong, Judge of Appeal Andrew Phang and Justice Andrew Ang held that although the prosecutorial power is a constitutional power, it is not absolute and its exercise can be challenged in "very exceptional case[s]".