← All Authorities
Hong Kong public order ordinance

HKSAR v Lee Kwok Wa

[2018] HKCFA 10
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year2018
StatusBinding authority

Summary

CFA held that misconduct in public office requires proof that the officer wilfully and intentionally neglected duty without reasonable excuse and the conduct was of sufficient seriousness.

Key Principle

The CFA considered the elements of misconduct in public office; the prosecution must prove that the public officer wilfully and intentionally neglected or failed to perform a duty without reasonable excuse and the conduct was serious.

Area of Law

criminal

Related Cases

Pell v The Queen (2020) 268 CLR 123

Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

Ask CommonBench about this case

Get a detailed analysis of HKSAR v Lee Kwok Wa and how it applies to your situation.

Explain HKSAR v Lee Kwok Wa