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Q%20and%20A%20ch%2001-all - Dora 12 edition Questions and...

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Dora 12 edition Questions and answers (1) State the primary functions of the Board of Review. (Adapted from ACCA/HKSA 2.3H J91Q6(a)) Ans: The primary function of the Board of Review is to hear and dispose of appeals against the CIR’s determination in objection cases as well as assessment to s 82A additional tax raised by the CIR or a DCIR. (2) State the extent to which decision of Commonwealth courts are relevant in interpreting taxation legislation in Hong Kong. (Adapted from ACCA/HKSA 3.3H D91Q3(d)) Ans: The courts in Hong Kong and the Board of Review have often relied on tax cases of Britain and other Commonwealth countries. In David Glynn v CIR , the Privy Council (the former ultimate CFA) expressly stated that UK (and, by implication, Commonwealth) decisions are of assistance in construing identical provisions in Hong Kong legislation. Apart from the decisions of the Privy Council on appeal from Hong Kong before 1 July 1997, decisions of foreign courts are not directly binding . Decision of UK and Commonwealth courts are, however, of persuasive authority.
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