Lai See | Misconduct in public office covers all public officials

Following our reflections on why it was taking so long for the ICAC to announce a decision on whether it intends to prosecute former chief executive Donald Tsang Yam-kuen we came across a discussion of the case in an ONC Lawyers newsletter. It will be recalled that the ICAC took an interest in Tsang following newspaper reports that he had accepted various favours from tycoons that included trips in private jets and yachts, and renting a luxury penthouse in Shenzhen at bargain basement rate.

In June, the outgoing secretary for the civil service, Denise Yue Chung-yee, was reported as saying that although Tsang's acceptance of gifts from tycoons was "misconduct", he had not broken any rules since none applied to him. However, the ONC Lawyers newsletter discusses the issue of "misconduct in public office" which is a common law offence.

It concludes that "... the favours provided by the tycoons, as reported by the media, if proven to be true, went well beyond normal hospitality and were likely to be accepted by Tsang in relation to his office and that they were supplied as some form of 'sweetener' to Tsang". The newsletter continues: "This may well be the appropriate circumstances where the acceptance of more than a 'general sweetener' by Tsang amounts to misconduct in public office." This case has been pending for more than six months.

A long-standing member of the Hong Kong Golf Club of some 35 years writes to advise us of his recent experience with the club in trying to pick up tickets that he'd been allotted for the UBS Hong Kong Open Golf Tournament at Fanling which started yesterday. He went to the Deep Water Bay clubhouse to collect his tickets only to be told by one of the ladies at the reception desk that there were no more tickets available that day, and that he should return the next day.