10 Dec 1999
NEW CHUAN KONG INVESTMENT CO. LTD. AND ANOTHER v. SECURITIES AND FUTURES COMMISSION
- Citation
- NEW CHUAN KONG INVESTMENT CO. LTD. AND ANOTHER v. SECURITIES AND FUTURES COMMISSION
- Court
- Court of Final Appeal
- Case number
- FACC6/1999
The Court held that s.110(1) of the Magistrates Ordinance imposes a mandatory duty on an appellant (other than the Secretary for Justice) to enter into a recognizance within the prescribed time and failure to do so deems the appeal abandoned; consequently the SFC's failure to enter into a recognizance meant the case stated appeal was abandoned and the judge erred in refusing relief. On the second issue the Court held that s.67 of the LFETO, which begins 'Notwithstanding section 26 of the Magistrates Ordinance', is directed to non-indictable (summary) offences and does not impose a time limit…