HKSAR V. LAU WAI YEE MONITA

[2025] HKCA 255 Court of Appeal 21 March 2025 • CACC168/2023 • 60 min read

18 cases cited (0 HK, 18 foreign)

Outcome

Conviction quashed

conviction was quashed, and her sentence was set aside.

Source: [2025] HKCA 255, Court of Appeal, decided 21 March 2025. Read directly from the judgment.

Judges (3)

M Poon Coram Macrae Coram Zervos Coram

Counsel (6)

Department of Justice Firm Haldanes Firm Benson Tsoi Counsel Appellant Human Lam Counsel Respondent Joshua Wang Counsel Appellant Joyce Lai Counsel Appellant

Parties (2)

HKSAR Respondent Lau Wai Yee Monita Appellant

Case Significance

In HKSAR v. Lau Wai Yee Monita [2025] HKCA 255, the Court of Appeal held that the defendant's 'conviction was quashed, and her sentence was set aside.' The judgment followed District Court proceedings and an earlier Court of Appeal hearing in HKSAR v. Lau Wai Yee Monita [2024] HKCA 576, before the matter returned to the Court of Appeal for the present judgment quashing the conviction.

Summary

Lau Wai Yee Monita, a civil servant, was convicted of misconduct in public office for accessing and disclosing confidential government records for private purposes. The Court of Appeal allowed her appeal against conviction, finding that the trial judge erred in his approach to the assessment of evidence and the element of wilful misconduct.

What did the Court of Appeal decide in HKSAR v. Lau Wai Yee Monita [2025] HKCA 255?

The Court of Appeal held that the defendant's conviction was quashed, and her sentence was set aside, in a judgment that followed an earlier Court of Appeal hearing in HKSAR v. Lau Wai Yee Monita [2024] HKCA 576.

What was the procedural history behind HKSAR v. Lau Wai Yee Monita [2025] HKCA 255?

The matter proceeded through the District Court before reaching the Court of Appeal, which had earlier heard HKSAR v. Lau Wai Yee Monita [2024] HKCA 576, ahead of the present judgment quashing the conviction and setting aside the sentence.

Cases Cited (18)

UK (4)

[1979] QB 722 [2004] 1 AC 1034 [2005] QB 73 [2011] QB 934

HK (14)

(2002) 5 HKCFAR 381 (2005) 8 HKCFAR 192 (2010) 13 HKCFAR 745 (2012) 15 HKCFAR 185 (2013) 16 HKCFAR 525 (2016) 19 HKCFAR 110 (2017) 20 HKCFAR 264 (2019) 22 HKCFAR 176 [2010] 3 HKC 382 [2016] 4 HKLRD 31 [2019] 1 HKLRD 140 [2023] HKDC 1049 [2023] HKDC 1204 [2024] HKCA 576