Leave to appeal to the Court of Final Appeal, refused in case concerning conviction for misconduct in public office of former Chief Executive of the HKSAR


Re: HKSAR v Tsang Yam Kuen, Donald [2018] HKCA 564

The applicant sought clarification under the Hong Kong Court of Final Appeal Ordinance, Cap 484, s 32(2) of three points of law, said to be of “great and general importance arising out of the Court’s decision of 20 Jul 2018”. These three points related to: 1) the mens rea of the offence of Misconduct in public office; 2) the seriousness in the offence; and 3) the effect of an apparent failure by counsel to correct an omission in the judge’s summing up”.

The Court dismissed the appeal, having found that these issues did not “raise any new or novel points of law of great and general importance concerning the offence of Misconduct in public office as much as challenge the application of already well established principles of law to the facts of this particular case”.

Clare Montgomery QC was involved in this case.