Hong Kong Case Law: Decisions & Judgments

Topic

Abuse of public office

Legal area

Court

27 Apr 2018

香港特別行政區訴陳光強

Citation

[2018] HKCFI 864
Court

Court of First Instance
Case number

HCMA190/2017

The High Court held that the prosecution proved beyond reasonable doubt that the appellant agreed with others to use dishonest means ('report Elondo, supply IPE') with the immediate purpose of inducing public officers to approve works contrary to duty; the trial judge correctly applied the legal tests for dishonesty and agreement; the conviction was therefore safe; however, having regard to mitigating factors (long public service, no personal gain, single incident, some remorse and time served) the original immediate sentence of 5 months' imprisonment was manifestly excessive and was varied t…
13 Feb 2015

香港特別行政區訴袁慧妝

Citation

香港特別行政區訴袁慧妝
Court

Court of First Instance
Case number

HCMA201/2014

The appeal is dismissed because the evidence proved beyond reasonable doubt that the appellant, a senior school development officer, deliberately used information, contacts and authority derived from her public office to refer and promote a student and failed to declare a private relationship and economic dealings with the student’s relative; the conduct was intentional, dishonest in context and sufficiently serious to constitute misconduct in public office warranting upholding the conviction.
22 Jul 2008

HKSAR v. HUI MAN TAI

Citation

HKSAR v. HUI MAN TAI
Court

Court of Appeal
Case number

CACC334/2007

The trial judge’s inference that the applicant and co-accused were present at and participated in the entire series of staged collisions was properly supported by the totality of witness testimony, settlement notes and the spreadsheet showing shared proceeds; the conviction and 30-month sentence were therefore upheld and the appeal dismissed.
15 Dec 2000

THE SECRETARY FOR JUSTICE v. SOLOMON DOMINIC MUSA

Citation

THE SECRETARY FOR JUSTICE v. SOLOMON DOMINIC MUSA
Court

Court of Appeal
Case number

CAAR11/1999

Undercover investigation did not amount to entrapment reducing culpability; the respondent abused a very senior public office to offer genuine diplomatic passports for corrupt purposes posing grave international risk; the three-year sentence was unduly lenient and required substantial deterrent effect; appropriate starting point was not less than ten years but, limited by District Court jurisdiction, the sentence is substituted with seven years' imprisonment.
20 Jun 1987

THE QUEEN v. TSUI LAI YING AND OTHERS

Citation

THE QUEEN v. TSUI LAI YING AND OTHERS
Court

Court of Appeal
Case number

CACC406/1985

The Court allowed limited reductions for D1 and D6 because, on the facts, D1's advanced age and minor health factors and D6's comparatively limited role (and misplaced emphasis by the trial judge on his status as a police constable) justified modest reductions; the Court refused the appeals of D8 and D10 because their participation and the gravity of the conspiracy justified the original sentences.
19 May 1987

THE QUEEN v. LEUNG KIN CHAK AND ANOTHER

Citation

THE QUEEN v. LEUNG KIN CHAK AND ANOTHER
Court

Court of Appeal
Case number

CACC612/1986

The court held that the 1st applicant's offence was as serious as possible given his senior police role and substantial payments and, despite mitigation, the sentence was not excessive and leave to appeal was dismissed; the 2nd applicant, though active, was not a police officer and of lesser culpability so his sentence was excessive and was reduced from four to three years.
3 Jul 1980

LAM KWAN-NGAI v. THE QUEEN

Citation

LAM KWAN-NGAI v. THE QUEEN
Court

Court of Appeal
Case number

CACC350/1980

Because the constable, who was the prime mover, received a lighter total sentence of two years for the same offences by the same judge, the disparity was unjust and warranted reduction of the appellant's sentence to eighteen months' imprisonment.

Hong Kong Case Law

香港特別行政區 訴 陳光強

香港特別行政區 訴 袁慧妝

HKSAR v. HUI MAN TAI

THE SECRETARY FOR JUSTICE v. SOLOMON DOMINIC MUSA

THE QUEEN v. TSUI LAI YING AND OTHERS

THE QUEEN v. LEUNG KIN CHAK AND ANOTHER

LAM KWAN-NGAI v. THE QUEEN

香港特別行政區訴陳光強

香港特別行政區訴袁慧妝