香港特別行政區 訴 衛保消防工程顧問有限公司

香港特別行政區 訴 衛保消防工程顧問有限公司

A purposive interpretation of regulation 9 includes tests conducted to ensure fire service installations are in effective working order; the trial judge permissibly inferred from the interview records and admissions that testing occurred on 3-5 Sept 2018 and that no FS251 was issued; those findings met the...

Source-derived case information.

Citation
[2020] HKCFI 735
Parties
Respondent: 香港特別行政區; Appellant: 衛保消防工程顧問有限公司
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 June 2020
Case Number
HCMA377/2019
Procedural Posture
Criminal Conviction Appeal / Hearing in the Court of First Instance (appeal by Way of Rehearing)
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Fire Services Regulation (cap.95 B) Compliance, Meaning of 'test' Vs 'inspect'/'maintain', Requirement to Issue FS251 Certificate, Evidence Sufficiency for Completion of Works, Appeal Standard of Review
Source Language
ch
Criminal Law Regulatory Law Statutory Interpretation Administrative Law Fire Services Regulation (cap.95 B) Compliance Meaning of 'test' Vs 'inspect'/'maintain' Requirement to Issue FS251 Certificate Evidence Sufficiency for Completion of Works +1 more

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Parties

香港特別行政區

Respondent

衛保消防工程顧問有限公司

Appellant

Procedural Posture

Criminal Conviction Appeal / Hearing in the Court of First Instance (appeal by Way of Rehearing)

  1. 1 Whether a 'test' of fire alarm bells falls within section 9 activities requiring issuance of FS251
  2. 2 Whether prosecution proved completion of the relevant fire alarm testing for the charged period
  3. 3 Whether the charge required completion of the whole fire alarm system or could be satisfied by testing components such as fire bells

Ratio Decidendi

A purposive interpretation of regulation 9 includes tests conducted to ensure fire service installations are in effective working order; the trial judge permissibly inferred from the interview records and admissions that testing occurred on 3-5 Sept 2018 and that no FS251 was issued; those findings met the prosecution's burden beyond reasonable doubt, therefore the conviction and fine were properly imposed and must be upheld.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Appeal dismissed
  • Original conviction for failing to issue FS251 under Cap.95B s9(1) and (3)(a) upheld