10 Jul 2002
SHUM KWOK SHER v. HKSAR
- Citation
- SHUM KWOK SHER v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC1/2002
The common law offence of misconduct in public office is constitutionally valid when defined as: a public official who, in the course of or in relation to his public office, wilfully and intentionally and culpably misconducts himself; culpable misconduct includes wilful non-feasance without reasonable excuse or, where powers are exercised, misconduct with an improper motive; the misconduct must be serious. Applied to the facts, the appellant's convictions and sentence are upheld.