Continuing Act （持續行為）

1.	人在無心之失下，作出一些有持續性的行為，在發生該行為那刻鐘，並無觸犯刑事罪行。但在知道發生該持續行為後，而沒有立刻改正，並作出狡辯，在該刻鐘便會觸犯刑事罪行。
2.	James J in Fagan v Commissioner of Metropolitan Police [1969] 1 Q.B. 439 said 「For an assault to be committed both the elements of actus reus and mens rea must be present at the same time. The “actus reus” is the action causing the effect on the victim's mind (see the observations of Park B. in Regina v. St. George (1840) 9 C & P 483, 490, 493 . The “mens rea” is the intention to cause that effect. It is not necessary that mens rea should be present at the inception of the actus reus; it can be superimposed upon an existing act.」
3.	香港終審法院在 HKSAR v HUI Rafael Junior [FACC 12/2016] 案說「99. The abuse of public trust contemplated by the conspirators in the present case is therefore clear and, by agreeing to place himself in such a compromised state, Rafael Hui made an agreement which contemplated a continuing act of misconduct whilst he was Chief Secretary. The fact that the payment made to induce that compromised state was made before he assumed his public office does not mean that the abuse of trust occurred at the time of the making of the payment. That payment was made to secure an ongoing inclination on the part of Rafael Hui towards SHKP once he assumed the office of Chief Secretary and it is by so agreeing to act as Chief Secretary whilst he was in the “golden fetters” constituted by that payment that he conspired to commit an act of misconduct sufficient to satisfy the conduct element of the offence of misconduct in public office.」