Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Negligence in mail handling

Legal area

Court

18 Oct 2024

香港特別行政區訴邱德貴

Citation

[2024] HKCFI 3689
Court

Court of First Instance
Case number

HCMA67/2024

Appellant failed to demonstrate that non-receipt of the notice was not caused by his own negligence because he admitted irregular mailbox collection and possible loss due to a full mailbox; therefore s16A(1) relief is not available and the magistrate's order (fixed penalty, equal additional penalty and costs) was correctly made and is upheld.
8 Sept 2022

香港特別行政區訴李彥進

Citation

[2022] HKCFI 2729
Court

Court of First Instance
Case number

HCMA111/2022

The magistrate correctly found on the balance of probabilities that the appellant did not prove non-receipt was not due to his negligence because his admitted practice of checking the mailbox only once every one to two weeks amounted to negligence; there was no evidence of postal misdelivery; therefore s16A(1) relief to cancel the s16(2) order was not available and the appeal is dismissed.