6 Nov 1998
In re Cheung Man Kwong
- Citation
- In re Cheung Man Kwong
- Court
- Court of First Instance
- Case number
- HCAL54/1998
Where an application for review is clearly out of time under section 104 the matter goes to jurisdiction and a magistrate may decline jurisdiction without conducting an open court hearing; magistrates have no inherent jurisdiction to extend the statutory 14-day review period under s.104, but where the conviction is under the Fixed Penalty scheme the relevant review period is 14 days from earliest personal notice under s.3B, and the magistrate erred in dismissing without hearing to determine when personal notice occurred.