判詞第 25 段被引述如下:
For the purposes of the law of Hong Kong, the elements of the common law offence of misconduct in public office are as follows:
the offence is committed where:
(1) a public official;
(2) in the course of or in relation to his public office;
(3) wilfully misconducts himself; by act or omission, for example, by wilfully neglecting or failing to perform his duty;
(4) without reasonable excuse or justification; and
(5) where such misconduct was serious, not trivial, having regard to the responsibilities of the office and the officeholder, the importance of the public objects which they serve and the nature and extent of the departure from those responsibilities.
引述完畢: