6 Dec 2010
CHAN TAK MING v. HKSAR
- Citation
- CHAN TAK MING v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC5/2010
On a charge pleaded as obtaining official data for personal use, it is generally problematic to base the required seriousness mainly on an unpleaded particular of private use; seriousness must be assessed against the pleaded misconduct and the officer's responsibilities, importance of public objects and extent of departure; personal benefit is not a necessary element; appellate courts wishing to affirm a conviction on a different basis must give parties notice and an opportunity to be heard. The pleaded facts here (obtaining patients' personal particulars to advertise private practice) were s…