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號碼 案件 案件編號 涉及事宜 裁決日期(日/月/年)
2019
1. HKSAR v. Tsang Yam-kuen, Donald FACC29/2018
  • Misconduct in Public Office
26/06/2019
2018
1. HKSAR v. Tsang Yam-kuen, Donald CACC55/2017
  • Misconduct in Public Office
20/07/2018
2. HKSAR v. Lew Mon Hung CACC66/2016
  • Perverting the course of justice
  • Relationship between Chief Executive and Commissioner of ICAC
  • Role of the Operations Review committee
02/03/2018
2017
1. HKSAR v. Hui Rafael Junior and Others FACC12/2016; FACC13/2016; FACC14/2016; FACC15/2016
  • Misconduct in Public Office
14/06/2017
2. Secretary for Justice v. Chan Chi Wan Stephen FACC11/2016; FACC18/2016
  • Conspiracy to accept an advantage contrary to s.9 of the Prevention of Bribery Ordinance
  • Elements of the offence
  • Proof of mens rea
  • Construction of the terms "in relation to his principal's affairs or business" in s.9
  • The term "reasonable excuse" in s.9
14/03/2017
2016
1. HKSAR v. Luk Kin Peter Joseph FACC6-8/2016
  • Meaning of "agent" in Prevention of Bribery Ordinance
08/12/2016
2. HKSAR v. Salim, Majed; HKSAR v. Yeung Ka Sing Carson FACC1/2015; FACC5-6/2015
  • Money laundering
11/07/2016
3. Keen Lloyd Holdings Ltd and Others v. The Commissioner of C&E and Another CACV97/2015; CACV107/2015
  • Search warrants
  • Provision of materials seized under warrants to Mainland Customs
  • Warrants sought for improper purpose
  • Validity of warrants
22/04/2016
4. HKSAR v. Hui Si Yan Rafael and Others [For final adjudication of the subject matter of this case, please see CFA decision: HKSAR v. Hui Rafael Junior and Others (FACC 12, 13, 14 & 15/2016)] CACC444/2014
  • Misconduct in Public Office (MIPO); conspiracy to commit MIPO; furnishing false information; conspiracy to offer an advantage to a public servant
  • Senior government official being or remaining favourably disposed to property developer in return for payment
  • MIPO committed by public officer being or remaining of certain statement of mind
  • Agreement to misconduct in manner of serious nature
16/02/2016
5. HKSAR v. Mak Chai Kwong and Another FACC2/2015
  • Offence of using documents with intent to deceive principal under s.9(3) of the Prevention of Bribery Ordinance
  • Inference
29/01/2016
2015
1. HKSAR v. Wong Koon Ho Titus FAMC16/2015
  • Misconduct in Public Office
14/07/2015
2. HKSAR v. Wong Koon Ho Titus HCMA366/2013
  • Misconduct in Public Office
30/03/2015
2014
1. HKSAR v. Pang Hung Fai FACC8/2013
  • Money Laundering
10/11/2014
2. Chau Foo Cheong Sidney v. The Commissioner of ICAC HCMP2268/2013
  • Legal professional privilege (LPP)
  • Express or implied waiver of LPP
10/11/2014
3. HKSAR v. Tsang Wai Lun Wayland and Another FACC4, 5, 6/2013
  • Money Laundering
05/06/2014
2013
1. HKSAR v. Ho Hung Kwan Michael FACC9/2012
  • Misconduct in Public Office
26/09/2013
2012
1. A v. The Commissioner of ICAC FACC9/2011
  • s.14(1)(d) notice under the Prevention of Bribery Ordinance
  • Privilege against self-incriminatione
13/11/2012
2. HKSAR v. Wong Lin Kay FACC3/2011
  • Misconduct in Public Office
02/04/2012
2010
1. Chan Tak Ming v. HKSAR FACC5/2010
  • Misconduct in Public Office
06/12/2010
2. HKSAR v. Hung John Terrence CACC235/2009
  • Agent accepting an advantage under s.9 of the Prevention of Bribery Ordinance (POBO)
  • Whether a voting member of the Hong Kong Jockey Club was an agent of the Club for the purpose of POBO
08/07/2010
3. HKSAR v. Kevin Egan; Mandy Chui v. HKSAR; Andrew Lam v. HKSAR FACC3, 4, 5/2010
  • Conspiracy to pervert the course of public justice
  • Attempted perjury
  • Attempting to disclose information about the identity of a participant in the witness protection programme
28/06/2010
4. HKSAR v. Wong Hung Ki and Another CACC424/2008
  • Stay of proceedings
  • Abuse of process
  • Deliberate infringement of legal professional privilege
11/05/2010
5. B v. The Commissioner of ICAC FACC6/2009
  • Statutory provisions of s.9(2) of the Prevention of Bribery Ordinance
  • Jurisdiction in respect of bribe offered in Hong Kong to a public official of a place outside Hong Kong
28/01/2010
2009
1. RMBSA Corporate Services Ltd and Another v. Secretary for Justice (No 2) HCMP1412/2008
  • Search warrants issued under the Mutual Legal Assistance in Criminal Matters Ordinance to assist enquiries of the Philippines authorities
  • Application of the Philippines law to determine the issue of privilege in respect of the seizures
11/12/2009
2. HKSAR v. Wong Kwong Shun Paul CACC390/2007
  • Misconduct in Public Office
27/05/2009
2008
1. HKSAR v. Fung Hok Cheung CACC368/2007
  • Offering an advantage to a jockey of the Hong Kong Jockey Club contrary to s.9 of the Prevention of Bribery Ordinance
  • Fiduciary relationship between principal and agent
  • Agent having more than one principal simultaneously
  • Whether jockey acted as "agent" for trainer
01/08/2008
2. HKSAR v. Chan Kau Tai (No.2) CACC477/2006
  • Appeal against sentence
  • Totality of the sentence
28/02/2008
3. RMBSA Corporate Services Ltd and Another v. Secretary for Justice CACV327/2006
  • Search warrant issued under the Mutual Legal Assistance in Criminal Matters Ordinance
  • Magistrate's obligation to attach conditions in respect of legal professional privilege
  • Non-disclosure of a material fact to the magistrate issuing the warrant
14/02/2008
2007
1. HKSAR v. Tso Moon Tong CACC17/2006
  • Misconduct in Public Office
  • Discretion of trial judge to exclude or admit evidence
  • Fairness of trial
03/12/2007
2. Shum Chiu & Others v. Secretary for Justice FAMC5/2007; FAMC6/2007; FAMC42/2007; FAMC43/2007
  • Stay application
  • Findings made without hearing the ICAC evidence
19/09//2007
3. Mo Yuk Ping v. HKSAR FACC2/2007
  • Whether the offence of conspiracy to defraud is formulated with sufficient precision to be an offence "prescribed by law" in the Basic Law or "according to law" in the Bill of Rights Ordinance
25/07/2007
4. P v. The Commissioner of ICAC FACC11/2006
  • Judicial safeguard in respect of special power in s.14(1)(d) of the Prevention of Bribery Ordinance
  • Whether s.14(1)(d) power can extend to documents outside Hong Kong
13/05/2007
5. HKSAR v. Wong Kwok Hung CACC40/2006
  • Soliciting and accepting an advantage contrary to s.9(1) of the Prevention of Bribery Ordinance
  • Stay application on the ground of entrapment
  • Exclusion of evidence that infringed applicant's right of silence and right to privacy
19/01/2007
2006
1. Secretary for Justice v. Shum Chiu and Others [For final adjudication of the subject matter of this case, please see CA decision: Shum Chiu & Others v. Secretary for Justice (FAMC 5, 6, 42 & 43/2007)] CACV50/2006
  • Stay application
  • Prosecutor disallowed to call evidence to resist the application for stay
21/12/2006
2. HKSAR v. Mo Yuk Ping and Another [For final adjudication of this case, please see CFA decision: MO Yuk Ping v. HKSAR (FACC 2/2007)] CACC26/2006
  • Conspiracy to defraud; conspiracy to pervert the course of public justice
  • Whether the offence embraced conduct to the prejudice of non-economic rights or interests of individuals in their private capacities
  • The concept of dishonesty
  • Was deceit a necessary ingredient
  • Whether loss was restricted to economic loss
14/11/2006
3. HKSAR v. Lam Hon Kwok Popy and Others CACC528/2004
  • Conspiracy to live on earnings of prostitution; incitement to commit conspiracy; conspiracy to pervert course of justice
  • Admissibility of secretly recorded conversations
  • Balance to be struck between protection of constitutional rights and detection of crime
  • Art.30 of the Basic Law and art.14 of the Hong Kong Bill of Rights
21/07/2006
4. Leung Kwok Hung and Another v. HKSAR HCAL107/2005
  • Constitutionality of s.33 of the Telecommunications Ordinance
  • Constitutionality of the Law Enforcement (Covert Surveillance Procedure) Order issued by the Chief Executive
  • The remedy of temporary validity
09/02/2006
5. HKSAR v. Chan Kau Tai (No.1) CACC26/2004
  • Material irregularity caused by non-disclosure of unused material to the defence
  • Evidence obtained in consequence of breach where the right of privacy is infringed
  • Re-trial
26/01/2006
2005
1. Secretary for Justice v. Shum Chiu and Others [For final adjudication of the subject matter of this case, please see CA decision: Shum Chiu & Others v. Secretary for Justice (FAMC 5, 6, 42 & 43/2007)] HCAL101/2005
  • Stay application
  • Whether prosecution could resile from the concession earlier made
  • Judge's obligation to conduct a full inquiry and hear the ICAC's evidence, before making a decision
22/12/2005
2. Sin Kam Wah and Another v. HKSAR FACC14/2004
  • Misconduct in Public Office
26/05/2005
2004
1. So Wing Keung v. Sing Tao Ltd and Another CACV245/2004
  • Search warrants issued under s.85 of the Interpretation and General Clauses Ordinance (IGCO)
  • Proper construction in respect of Part Pt.XII of the IGCO
11/10/2004
2. Chong Ching Yuen v. HKSAR FACC7/2003
  • Incompetence of defence counsel
  • Fairness of the appellant's trial
  • "Flagrant incompetence"
30/04/2004
2003
1. X v. The Commissioner of ICAC HCCM49/2003
  • S.14 of the Prevention of Bribery Ordinance
  • Infringement of right to privacy
  • Art. 14(1) of the Bill of Rights and art. 39(2) of the Basic Law
17/12/2003
2. HKSAR v. Lee Ming Tee FACC1/2003
  • Permanent stay
  • Disclosure
22/08/2003
3. HKSAR v. Tang Hoi On Barry and Another CACC284/2001
  • Conspiracy to accept advantages
  • Lavish hospitality over many months
  • Nature of "advantage" in s.2(1)(c) of the Prevention of Bribery Ordinance
  • Defective charges
18/02/2003
2002
1. HKSAR v. Chu Kam Yiu and Others FACC3/2002
  • Conspiracy to engage in bookmaking contrary to s.7(1)(a) of the Gambling Ordinance
  • Permitting premises to be used as a gambling establishment
  • Proof in regard to the person receiving the bets and bookmaker
05/12/2002
2. Shum Kwok Sher v. HKSAR FACC1/2002
  • Misconduct in Public Office
10/07/2002
3. Time Super Int'l Ltd and Others v. The Commissioner of ICAC HCAL87/2002
  • Judicial review in respect of powers of entry, search and seizure under s.10B of the ICAC Ordinance
  • Documents protected on the grounds of legal professional privilege
17/06/2002
4. Li Defan and Another v. HKSAR FACC5/2001
  • Inference in respect of accused who does not give evidence
14/03/2002
2001
1. Ewan Quayle Launder v. HKSAR FACC3/2001
  • Accepting an advantage under s.9(1) of the Prevention of Bribery Ordinance
13/12/2001
2. HKSAR v. Lee Ming Tee and Another FACC8/2000
  • Permanent stay
  • Disclosure
22/03/2001
2000
1. Wong Pui Sham v. HKSAR FACC4/2000
  • Court of Final Appeal not trior of facts
  • Whether the decision of Court of Appeal departs from accepted norms
21/12/2000
2. Secretary for Justice v. Lam Tat Ming and Another FACC9/1999
  • Scope of the residual discretion to exclude a voluntary confession, where it was obtained in an undercover operation
  • General principles relating to the admissibility of a confession
26/06/2000
3. Poon Chau Cheong v. Secretary for Justice FACC7/1999
  • Soliciting an advantage under s.4 of the Prevention of Bribery Ordinance and convicted of a lessor charge under s.3
  • Amendment under s.27 of the Magistrates Ordinance be made on a review under s.104
  • Amendment of an information under s.27, which would be time-barred if laid as a fresh information at the time of amendment
17/05/2000
4. Ng Siu Chau v. HKSAR FACC2/1999
  • Offering advantage to public servant under s.4(1)(a) of the Prevention of Bribery Ordinance
  • "Public servant" was "employee" of public body
  • Apprentice jockey not employee of Hong Kong Jockey Club
09/03/2000
5. Apple Daily Ltd. v. The Commissioner of ICAC (No.2) CACV357/1999
  • Validity of search warrants issued under the ICAC Ordinance (ICACO), Prevention of Bribery Ordinance and Interpretation of General Clauses Ordinance
  • Power of seizure of ICAC in s.10C(1)(c) of ICACO
  • Public interest immunity
21/01/2000
1999
1. Secretary for Justice v. Lui Kin Hong FACC3/1999
  • Conspiracy to bribe
  • Exception to hearsay rule under ss. 22(1) or 22A of Evidence Ordinance
  • Interpretation of the words "is admitted" in s.22B(2) of Evidence Ordinance
14/12/1999
2. Secretary for Justice v. Kwan Che Cheong CAAR1/1999
  • Adequacy of sentence after pleading guilty to one count of offering an advantage under s.4 of the Prevention of Bribery Ordinance (POBO)
  • "Exceptional circumstances" for the imposition of Community Service Order
  • A sentence of immediate imprisonment for first offender of an offence under the POBO
30/06/1999
1998
1. Secretary for Justice v. Li Cheuk Ming CAAR2/1998
  • Adequacy of sentence
  • Appropriateness to impose community service order for bribery offences
  • The meaning of "exceptional circumstances"
15/10/1998
1997
1. Chan Sze Ting and Another v. HKSAR FAMC4/1997
  • Proper construction of s.13 of the Prevention of Bribery Ordinance
  • Privilege against self-incrimination abrogated in relation to requirements for disclosure and production made thereunder
18/12/1997
1996
1. Ch'ng Poh v. The Commissioner of ICAC [For final adjudication of this case, please see Privy Council decision: Commissioner of the of ICAC v Ch’ng Poh [1997] 2 HKC 128] CACV152/1996
  • Judicial review to quash the magistrate's decision to issue a search warrant under s.10B of the ICAC Ordinance
  • Construction of the words "in relation to his principal's affairs" in s.9 of the Prevention of Bribery Ordinance
21/08/1996
2. R v. Clive George Holgate CACC721/1995
  • Maintaining a standard of living which was above that which was commensurate with his emoluments contrary to s.10(1)(a) of the Prevention of Bribery Ordinance
  • Failure of trial judge to consider how the applicant might have been handicapped by the unavailability of a witness
13/06/1996
3. A Company v. The Commissioner of ICAC HCMP544/1996
  • Judicial review of the decision to issue warrants under s.17 of the Prevention of Bribery Ordinance
  • Validity of warrants
15/03/1996
1995
1. R v. Ming Pao Newspaper Ltd and Others [For final adjudication of this case, please see Privy Council decision: Ming Pao Newspapers Ltd. and Others v. AG of Hong Kong [1996] A.C. 907] HCMA514/1995
  • Constitutionality of s.30 of the Prevention of Bribery Ordinance
05/07/1995
2. The Queen v. Leung Kam Ho, Gilbert CACC286/1993
  • Accomplice evidence
  • Absence of the word "corruptly" in s. 5(a) of the Corrupt and Illegal Practices Ordinance contrasted with s.7 (dealing with the offence of "treating")
  • Meaning of the words "in his capacity as a public servant" in s.4(1)(a) of the Prevention of Bribery Ordinance
20/05/1994
3. Attorney General v. Hui Kin Hong CACC52/1995
  • Crown servant maintaining a standard of living above that commensurate with his official emoluments contrary to s.10(1)(a) of the Prevention of Bribery Ordinance
  • Bill of Rights
03/04/1995
1993
1. The Queen v. Chong Chui Ha and Another HCMA279/1993
  • Soliciting an advantage under s.9 of the Prevention of Bribery Ordinance
  • Fiduciary relationship involving trust and confidence being placed in the agent
20/10/1993
2. The Queen v. Alick Au Shui Yuen CACC470/1992
  • Conspiracy to pervert the course of justice
  • Admissibility of acts and declarations by a co-conspirator
  • Admissibility of independent evidence
29/09/1993
3. The Queen v. Ng Man Ho HCMA276/1993
  • Accepting an advantage under s.9 of the Prevention of Bribery Ordinance
  • Meaning of the words "in relation to his principal's affairs or business"
  • Proof of agent accepting the advantage in his capacity as an agent
05/08/1993
1991
1. The Queen v. Li Fook Shiu Ronald (No.2) CACC519/1990
  • Accepting an advantage under s.9 of the Prevention of Bribery Ordinance
  • Meaning of "reward"
  • Whether receiver may behave corruptly even if provider behaving innocently
  • Importance of receiver's state of mind
  • Starting point for sentence
18/04/1991
2. Kevin Barry Egan v. The Commissioner of ICAC and Another CACV6/1991
  • Lawfulness of the arrest, search, detention and interview
  • The proper construction of ss.10 and l0A of the ICAC Ordinance
14/03/1991
1990
1. In re An Application by a Firm of Solicitors of Hong Kong CACV18/1990
  • Validity of a warrant issued under legislative authority
  • ICAC's power to frame a warrant to refuse to reveal information which may prejudice its investigation
04/04/1990
2. Attorney General v. Li Fook Shiu Ronald CACC3/1990
  • Application for discharge on the grounds of sufficiency of evidence
06/03/1990
1988
1. The Queen v. Siu Hon Sum CACC133/1988
  • Corrupt giving under s.3 of the Prevention of Corruption Ordinance
  • Offering an advantage under s.4 of the Prevention of Bribery Ordinance
  • Trial proceeded on a certificate issued by the Chief Secretary on "sufficiently heinous" offences under s.18A of the ICAC Ordinance
03/11/1988
1986
1. Gregory Michael Hall v. The Commissioner of ICAC CACV111/1986; CACV112/1986
  • Meaning of "corrupt practices" in s.12 of the ICAC Ordinance
  • Passing of evidence by ICAC to another organization
26/11/1986
2. The Queen v. Mok Wei Tak and Another CACC196/1985
  • Sentence
  • Offences under s.10(1)(a) of the Prevention of Bribery Ordinance
15/08/1986
3. The Queen v. Mok Wei Tak and Another [For final adjudication of this case, please see Privy Council decision: R v Mok Wei Tak [1990] 1 HKLR 631] CACC196/1985
  • Offences under s.10(1)(a) of the Prevention of Bribery Ordinance
  • Conduct of counsel and judge prejudiced to defence
  • Aiding and abetting a s.10(1)(a) offence
06/06/1986
1981
1. Lai Yuk Kui v. The Queen CACC917/1981
  • Offering an advantage under s.4 of the Prevention of Bribery Ordinance
  • Appropriate sentence for corruption cases
11/11/1981
2. Ming Ka Fook v. The Queen; Attorney General v. Ming Ka Fook CACC190/1981; CACC393/1981
  • Offering an advantage under s.4 of the Prevention of Bribery Ordinance
19/10/1981
1980
1. Anthony Brian Lawrence v. The Queen CACC733/1980
  • Accepting an advantage under s.3 of the Prevention of Bribery Ordinance (POBO)
  • Meaning of the word of "favour" in para (d) of the definition of advantage in s.2 of the POBO
28/10/1980
1978
1. Attorney General v. Chung Fat Ming CACC533/1978
  • Soliciting an advantage as a general earnest of good relations under s.4 of the Prevention of Bribery Ordinance
  • Meaning of "otherwise on account of" in s.4
  • "Keeping sweet" situation
02/10/1978
2. The Queen v. Tang Fuk Chiu DCCC26/1978
  • Unexplained wealth under s.10 of the Prevention of Bribery Ordinance
  • Record of official emolument is hearsay evidence
29/06/1978
1977
1. Ip Chiu and Another v. The Queen [For final adjudication of this case, please see Privy Council decision: Attorney General v. Ip Chiu and Another [1980] AC 663] CACC99/1977
  • Capacity test in respect of "public servant" in s.4 of the Prevention of Bribery Ordinance
19/05/1977
1975
1. Peter Fitzroy Godber v. The Queen CACC181/1975
  • Appeal against conviction and sentence
  • Bargains struck with tainted witnesses were in the fullest sense illegal
  • Admissibility of evidence from tainted witnesses
28/04/1975
2. The Queen v. Peter Fitzroy Godber DCCC13/1975
  • Conspiracy to receive a bribe; Corruptly receiving a bribe, contrary to s.3 of the Prevention of Corruption Ordinance
06/03/1975
1973
1. Kong Kam Piu and Another v. The Queen HCMA61/1973
  • Soliciting and accepting an advantage contrary to s.4(2) of the Prevention of Bribery Ordinance
  • Whether persons giving bribe are accomplices
  • Meaning of "capacity" in s.4 of the Prevention of Bribery Ordinance
03/03/1973

   
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