Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Extension of time to file election return

Legal area

Court

29 Jun 2017

MARTIN CHARLES V.M. LISTER v. SECRETARY FOR JUSTICE

Citation

MARTIN CHARLES V.M. LISTER v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCMP202/2017

Although the applicant lacked bad faith, the court refused extension because the applicant acted recklessly and failed to take reasonable steps to ascertain the filing deadline or preserve and act upon documents (many of which were sent to him before the deadline); planned absences were not a valid excuse and collective grounds did not constitute a good explanation under s40(2) Cap 554.
15 Apr 2004

RE TSANG WAI MING

Citation

RE TSANG WAI MING
Court

Court of First Instance
Case number

HCMP3463/2003

Applicant's failure to file on time amounted to inadvertence rather than bad faith because he had read the election guidelines (albeit not carefully), his misconception that receipts were required was understandable given the wording of the guidelines and the statute was not expressed clearly as to nil-expenditure returns; the court therefore exercised its discretion under s.40(1)/(2) to extend time and ordered the return to be lodged by 31 July 2003.