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HKSAR v Mak Chai Kwong & Tsang King Man

HK Court of Final Appeal, 29-Jan-2016

The shortest-serving Secretary for Development and his co-accused succeed in their final appeal. Their defence was that although each had sold the other's flat under power of attorney and kept the proceeds, this swap of beneficial interests had been entered into after they had ceased claiming civil service Private Tenancy Allowance for renting each other's flats. Comment: the underlying policy issue here is a flawed system of remuneration, which should not depend on what they do with their income.

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