THE QUEEN v. ALEXANDER LAU

THE QUEEN v. ALEXANDER LAU

The Crown failed to prove beyond reasonable doubt that the accused knew the three insertions were false and made them with intent to pervert the course of public justice; further, although the alterations were deliberate, they did not satisfy the requisite wilful misconduct and intention to improperly benefit himself required for the offences of misconduct in public office, therefore the accused was not guilty on all counts.

Citation
THE QUEEN v. ALEXANDER LAU
Parties
Prosecution: The Queen; Accused: Alexander Lau
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 March 1982
Case Number
DCCC298/1981
Procedural Posture
Criminal / Trial Verdict (reasons for Verdict)
Outcome
Accused acquitted on all charges and discharged
Legal Topics
Misconduct in Public Office, Attempting to Pervert the Course of Public Justice, Alteration of Judicial Records, Habeas Corpus, Magistrates' Conduct
Source Language
EN
Criminal Law Public Law Extradition Law Evidence Misconduct in Public Office Attempting to Pervert the Course of Public Justice Alteration of Judicial Records Habeas Corpus +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Queen

Prosecution

Alexander Lau

Accused

Procedural Posture

Criminal / Trial Verdict (reasons for Verdict)

Legal Issues

  1. 1 Whether the accused altered his court minute with knowledge the insertions were false
  2. 2 Whether the alterations were done with intent to pervert the course of public justice
  3. 3 Whether the conduct amounted to misconduct in public office requiring wilful misconduct and intention to improperly benefit oneself

Ratio Decidendi

The Crown failed to prove beyond reasonable doubt that the accused knew the three insertions were false and made them with intent to pervert the course of public justice; further, although the alterations were deliberate, they did not satisfy the requisite wilful misconduct and intention to improperly benefit himself required for the offences of misconduct in public office, therefore the accused was not guilty on all counts.

Court Disposition

Accused acquitted on all charges and discharged

Orders

  • Accused Alexander Lau acquitted on Charges A, B and C and discharged