The revival of the tort of misfeasance in public office – a comparative study from a Hong Kong perspective

Abstract

This paper would examine the emergent tort of “misfeasance in public office”, which would be shown to be an important link between administrative law and civil remedies in common law jurisdictions. As the definition and even the existence of the tort remained to be uncertain until relatively recent times, its rationale, historical origins, constituent elements and remedies would be examined through a comparative approach, with specific reference to Hong Kong law. In particular, given the dearth of local case law on the subject matter, observations and suggestions would be provided as to the future course that the tort should adopt in its development in Hong Kong.