16 Feb 2016
HKSAR v. HUI Rafael Junior also known as HUI SI-YAN RAFAEL AND OTHERS
- Citation
- HKSAR v. HUI Rafael Junior also known as HUI SI-YAN RAFAEL AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC444/2014
The Court held that unexplained secret payments made to a public officer to secure that he would 'be or remain favourably disposed' towards the payer are capable, in appropriate circumstances, of amounting to misconduct in public office and of supporting a conspiracy charge under s.159A without proof of a specific identified act; payments made shortly before assumption of office can be 'in relation to' that office; the trial judge did not err in law or in directions and the convictions (Counts 5,7 and related counts) are safe except that Thomas Chan's sentence required adjustment in allocatio…