Hong Kong Leading Case bribes secret commissionsproprietary remedytracingno profit rule

Attorney General for Hong Kong v Reid

[1994] 1 AC 324 (PC)

JurisdictionHong Kong

CourtJudicial Committee of the Privy Council (on appeal from New Zealand; HK Crown as appellant)

Year1994

StatusPersuasive authority

Key Principle

A fiduciary who accepts a bribe or secret commission in breach of duty holds the bribe (and any property representing it, including increases in value) on constructive trust for the principal — a proprietary, not merely personal, liability.

Area of Law

Equity, Trusts & Restitution

Related Cases

Tang Ying Loi v Tang Ying Ip (alias Tang Ying Yip) and Others (2017) 20 HKCFAR 53; [2017] HKCFA 3

Mo Ying v Brillex Development Ltd and Another [2015] 2 HKLRD 985; [2015] HKCA 156

Libertarian Investments Ltd v Hall (2013) 16 HKCFAR 681; [2013] HKCFA 93

Ask CommonBench about this case

Get a detailed analysis of Attorney General for Hong Kong v Reid and how it applies to your situation.

Explain Attorney General for Hong Kong...