Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mandatory vs directory

Legal area

Court

8 Mar 1991

ATTORNEY GENERAL v. TAI LIN RAKO SERVICES LTD

Citation

ATTORNEY GENERAL v. TAI LIN RAKO SERVICES LTD
Court

Court of First Instance
Case number

HCMA1228/1990

Sections 105 and 106 of the Magistrates Ordinance are mandatory; failure to comply strictly with their terms (in particular, giving written notice to the respondent and sending a copy of the case before transmitting it to the Registrar within the prescribed time) renders an appeal by way of case stated incompetent and deprives the High Court of jurisdiction.
12 Dec 1989

ASIA DYEING CO LTD AND OTHERS v. THE AUTHORITY

Citation

ASIA DYEING CO LTD AND OTHERS v. THE AUTHORITY
Court

Court of Appeal
Case number

CACV87/1989

The court held that although section 9(1) requires the Authority to indicate whether a nuisance is existing or imminent, that requirement is directory not mandatory; failure to state existence or imminence in the precise form used does not vitiate a section 9 notification where the defect does not frustrate the statute's purpose; section 10(2) should be read purposively so prosecutions require proof of either existence or imminence regardless of the precise wording of the notice.