王天賜 對 香港特別行政區

王天賜 對 香港特別行政區

Notice sent by ordinary post that was not returned was presumed served; the appellant failed to prove non‑receipt was not due to his own negligence and failed to prosecute the appeal or attend the hearing; accordingly the appeal is dismissed and the magistrate's order is upheld.

Source-derived case information.

Citation
[2023] HKCFI 1825
Parties
Appellant: WONG TIN CHI; Respondent: The Government of the Hong Kong Special Administrative Region
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 June 2023
Case Number
HCMA232/2021
Procedural Posture
Conviction Appeal (fixed Penalty / Traffic Offence) / Appeal Hearing (determination)
Outcome
Appeal dismissed for want of prosecution; magistrate's order upheld
Legal Topics
Fixed Penalty, Service of Process, Appeal Jurisdiction, Failure to Prosecute, Absence of Appellant
Source Language
ch
Criminal Law Traffic Law Procedural Law Fixed Penalty Service of Process Appeal Jurisdiction Failure to Prosecute Absence of Appellant

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Parties

WONG TIN CHI

Appellant

The Government of the Hong Kong Special Administrative Region

Respondent

Procedural Posture

Conviction Appeal (fixed Penalty / Traffic Offence) / Appeal Hearing (determination)

  1. 1 Whether the appellant was properly served with notice of the review/appeal hearing
  2. 2 Whether the appellant's failure to attend and to prosecute the appeal justifies dismissal of the appeal
  3. 3 Whether the magistrate erred in refusing the appellant's review of the fixed penalty order

Ratio Decidendi

Notice sent by ordinary post that was not returned was presumed served; the appellant failed to prove non‑receipt was not due to his own negligence and failed to prosecute the appeal or attend the hearing; accordingly the appeal is dismissed and the magistrate's order is upheld.

Court Disposition

Appeal dismissed for want of prosecution; magistrate's order upheld

Orders

  • Appeal dismissed
  • The magistrate's order dated 11 December 2020 requiring payment of HK$1,640 (fixed penalty, additional penalty and costs) is confirmed