See also 1964 on the Hong Kong Hansard Session first reading of the 1964, Inland Revenue (Amendment) Bill page 239. Lord Walker in after summarising the Moulin, legislative history of section 70A stated that the restrictions imposed by section 70A (in respect of the nature of the error and the time limit) the legislature’s striking of ‘represent the balance between finality and fairness.’ (my emphasis) The interpretation 1 Once the rationale of section 70A is put in proper context, the interpretation placed upon by Mr Tong on the meaning of section 70A must be rejected for the following reasons : The application to correct is to correct an assessment which can be seen from the use of words such as assessor shall correct such assessment’ (section 70A(1)), ‘the correction shall be made to any assessment’ (proviso to ‘no section 70A(1)) and an assessor refuses to correct an ‘where assessment’ (section 70A(2)). This means the right to apply for correction is restricted to that specific notice of assessment. Hence section 70A(1) uses the phrase ‘the relative notice of assessment’. In this case, this means the Additional Assessment of 17 March 2010 and not the earlier two assessments of 17 September 2004 and 28 January 2005.
See also Hong Kong Hansard Session 1964 on the first reading of the Inland Revenue (Amendment) Bill 1964, page 239. Lord Walker in Moulin, after summarising the legislative history of section 70A stated that the restrictions imposed by section 70A (in respect of the nature of the error and the time limit) ‘represent the legislature’s striking of the balance between finality and fairness.’ (my emphasis) The interpretation 1 Once the rationale of section 70A is put in proper context, the interpretation placed upon by Mr Tong on the meaning of section 70A must be rejected for the following reasons : The application to correct is to correct an assessment which can be seen from the use of words such as ‘the assessor shall correct such assessment’ (section 70A(1)), ‘no correction shall be made to any assessment’ (proviso to section 70A(1)) and ‘where an assessor refuses to correct an assessment’ (section 70A(2)). This means the right to apply for correction is restricted to that specific notice of assessment. Hence section 70A(1) uses the phrase ‘the relative notice of assessment’. In this case, this means the Additional Assessment of 17 March 2010 and not the earlier two assessments of 17 September 2004 and 28 January 2005.
CACV000090_2014.docx