身為公職人員行為失當罪

Miscounduct in Public Office

  1. 香港終審法院在曾蔭權案 (FACC 29 /2018 或 [2019] HKCFA 24) 定下的定義:

    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:

  2. 律政司署提供的參考資料;
  3. 李徫民律師事務所網站的公開資料;
  4. 廉政公署提供的參考資料;
  5. Norton Rose Fulbright 律師事務所的網站資料;
  6. 柯伍陳律師事務所網站的資料;
  7. 英國司法部之 Reform Club Atkin Lecture 6 November 2018;