Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Election donations

Legal area

Court

19 Mar 2021

LO TAK MING v. SECRETARY FOR JUSTICE

Citation

[2021] HKCFI 709
Court

Court of First Instance
Case number

HCMP662/2020

The omission to disclose HK$52,543 was caused by a reasonable cause—reliance on advice from an experienced incumbent councillor—and was not due to bad faith; accordingly the court granted an order under s 40(3) permitting correction of the Return and Declaration but declined to grant the substantive relief from penalties under ss 37/38 because the applicant had not properly addressed the basis for that relief; costs awarded to the Secretary for Justice.
10 Oct 2012

RE LEUNG CHUN YING

Citation

RE LEUNG CHUN YING
Court

Court of First Instance
Case number

HCMP1112/2012

The court found on the evidence that the catalogued errors were attributable to inadvertence or reasonable cause, that there was no bad faith, and that the Secretary for Justice did not oppose the proposed corrections; accordingly the applicant was entitled to an order under section 40 permitting corrections limited to the items specified in exhibit TKYT-4, with filing of a corrected return within 21 days and without prejudice to any further action by authorities.