Shum Kwok Sher v HKSAR

CFA refined the elements of the common law offence of misconduct in public office, clarifying the wilfulness and seriousness requirements.

Following NPCSC interpretation of the Basic Law, Hong Kong courts must apply the doctrine of absolute state immunity, consistent with national policy, not the restrictive immunity previously applied.

Article 35 Basic Law is self-executing and supports injunctive relief to protect the fundamental right of access to legal advice and the courts in Hong Kong.