Former Hong Kong Chief Executive cleared of criminal misconduct in the Court of Final Appeal


Re: Tsang v HKSAR [2019] HKCFA 24

This case involved a former Hong Kong Chief Executive who was charged by the Independent Commission Against Corruption after failing to disclose a deal with mainland-based businessman, which involved the appellant renting a three-storey property in Shenzhen.

Held: The trial judge’s directions on wilfulness and seriousness were inadequate and therefore the appellant’s conviction for criminal misconduct quashed by the Court of Final Appeal. The unanimous court decided there should be no re-trial. The five justices said that the trial judge had failed to provide an adequate direction to the jurors on the issue of seriousness and that they were not told how to determine whether the appellant has ‘wilfully’ carried out the crime.

Clare Montgomery QC was involved in this case.