21 Mar 2025
HKSAR v. LAU WAI YEE MONITA
- Citation
- [2025] HKCA 255
- Court
- Court of Appeal
- Case number
- CACC168/2023
The Court allowed the appeal and quashed the conviction because the proven disclosure of complainant information and later acceptance of instructions did not cross the high threshold of criminal 'seriousness' required for misconduct in public office: the disclosure was a single incident motivated by genuine concern (altruistic), the appellant had recused herself, PW3 gave ex post facto consent, the Privacy Commission imposed a warning only, actual harm to the public interest was limited and theoretical/generalised harm was insufficient, and the acceptance of instructions was not shown to be o…