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

Related Member(s):
Clare Montgomery QC
Related Practice Area(s):
Human Rights, Crime and Regulatory Law

Former Hong Kong Chief Executive Donald Tsang Yam-kuen had his conviction for criminal misconduct quashed by the Court of Final Appeal, who held that that the trial judge had failed to direct the jury properly.

Tsang was charged by the Independent Commission Against Corruption after failing to disclose a deal with mainland-based businessman Bill Wong Cho, which involved Tsang renting a three-storey property in Shenzhen.

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 Tsang has ‘wilfully’ carried out the crime.

Clare Montgomery QC represented Donald Tsang Yam-kuen.