Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Court jurisdiction to extend time
  • 26 Jun 2020

    SUEN HUNG SHAN v. COMMISSIONER OF INLAND REVENUE

    Citation
    [2020] HKCFI 1322
    Court
    Court of First Instance
    Case number
    HCIA1/2020

    The application for leave to appeal was time‑barred: the statutory one‑month filing period under s69(3) was extended by Operation of s71(1A) to the Registry reopening date but the summons was lodged one day late and service on the Commissioner was also late; the court has no jurisdiction to extend the statutory time limit, therefore there was no valid application for leave and the summons must be dismissed.

    • Salaries tax
    • Services rendered outside hong kong exemption
    • Statutory time limits for appeals
    • Court jurisdiction to extend time
    • Calculation of days for s8(1b) 60‑day rule
    • Sourcing of employment income