The Hong Kong Court of Final Appeal on Wednesday quashed former Chief Executive Donald Tsang’s conviction and sentence for misconduct in public office.

This case arose when Tsang failed to declare certain dealings with a business tycoon. Tsang was arranging to live in a Shenzhen apartment owned by a company controlled by the business tycoon, but made no declaration of interest to the Executive Council regarding this. Tsang was charged for deliberate concealment of the dealings with the business tycoon.

Under common law, offense of misconduct in public office is committed where a public official in the course of or in relation to his public office willfully misconducts himself; by act or omission, for example, by willfully neglecting or failing to perform his duty without reasonable excuse or justification.

The court found a conscious but erroneous decision not to disclose was not the same as a willful failure to disclose, or concealment. “Tsang may not be willful because he did not know or believe there was an obligation to disclose in the circumstances of the case, and did not disregard the risk of there being such an obligation.”