Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 26 relief

Legal area

Court

10 Mar 2000

WONG YEE HIM v. SECRETARY FOR JUSTICE

Citation

WONG YEE HIM v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCMP611/2000

The court applied s.26 strictly: it granted exception under s.26 for breaches caused by genuine inadvertence (misunderstanding of the law concerning pre-registration materials and the website) but refused exception for systematic omission of the printer's address and for late or non-deposition of statutory declarations where the conduct amounted to recklessness or a deliberate failure to comply; absence of bad faith alone did not satisfy s.26(b).
27 Sept 1994

Re LEUNG KAM HO, GILBERT

Citation

Re LEUNG KAM HO, GILBERT
Court

Court of First Instance
Case number

HCMP2357/1994

Relief under s.26 was refused because the election agent had deliberately or recklessly remained ignorant of his legal duties (turned a blind eye), so the excess payments could not be characterised as reasonable inadvertence; moreover there were material factual disputes about good faith and amounts paid, and an application under s.26 requires admission of the illegal practice and no dispute of relevant facts, therefore the court had no basis to grant exemption.