Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Conspiracy to commit misconduct in public office

Legal area

Court

18 Mar 2022

HKSAR v. LEE YUEN-FOOK AND OTHERS

Citation

[2022] HKCA 328
Court

Court of Appeal
Case number

CACC69/2018

The judge gave reasons adequate in the context of the trial by focusing on the matters in issue (identification and confidentiality); having accepted the audio recordings and WhatsApp messages as attributable to the appellants and that the information was confidential, the conspiratorial agreement was conclusively proven and the convictions should be upheld.
14 Jun 2017

HKSAR v. KWOK PING-KWONG THOMAS

Citation

HKSAR v. KWOK PING-KWONG THOMAS
Court

Court of Final Appeal
Case number

FACC14/2016

An agreement, entered into in anticipation of assuming public office, by which a public officer accepts payment to be or remain favourably disposed towards private interests constitutes an agreement to commit misconduct in public office because it secures an ongoing improper inclination that seriously compromises the officer's duty and independence; specific acts need not be identified for the offence or for conspiracy under s.159A where the agreed state of partiality itself produces the criminal public mischief.