Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Official secrecy

  • 19 Apr 2010

    HKSAR v. CHU KING KWOK

    Citation
    HKSAR v. CHU KING KWOK
    Court
    Court of First Instance
    Case number
    HCMA855/2009

    The court held that when assessing whether misconduct in public office is 'serious' the likely consequences of the breach must be taken into account in the context of the responsibilities of the office, the public objects served and the nature and extent of the departure; the magistrate had failed to accord proper weight to those consequences in relation to the respondent's large‑scale, prolonged and exposed copying of taxpayers' personal data and accordingly the questions of law were answered in the affirmative.

  • 28 Jun 1995

    NEIL PRYDE LTD. and Another v. BRYAN CHAU and Others

    Citation
    NEIL PRYDE LTD. and Another v. BRYAN CHAU and Others
    Court
    Court of Appeal
    Case number
    CACV91/1995

    The court held that a magistrate validly issued search warrants because reasonable cause to suspect facts constituting an attempt to commit s.18B(1)(c) existed (attempts are included within statutory references to offences under CPO ss.101B/101C), and that disclosure by the Commissioner of Inland Revenue to the Attorney General for prosecutorial purposes falls within the performance of the Commissioner's duties under s.4(1) IRO and therefore did not breach official secrecy; accordingly the appeal was dismissed and the respondents' cross-appeal allowed.