香港特別行政區 訴 黃梅芳經營之天幕建材工程公司

香港特別行政區 訴 黃梅芳經營之天幕建材工程公司

On the accepted evidence (notably PW2's testimony) the court concluded that at the relevant time the works had not progressed to ceiling dismantling and PW1 was not known to be performing that task, therefore the specific information, instruction, training and supervision were not 'required' at that time; the...

Source-derived case information.

Citation
[2026] HKCFI 833
Parties
Appellant: 黃梅芳 經營之天幕建材工程公司; Respondent: 香港特別行政區
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 February 2026
Case Number
HCMA86/2025
Procedural Posture
Criminal / Conviction Appeal
Outcome
appeal allowed; conviction quashed; sentence adjourned
Legal Topics
Employer Duty of Care, Reasonably Practicable, Reverse Evidential Burden Under S38 Cap 509, Appeal Standard (re‑hearing)
Source Language
ch
Occupational Safety Criminal Law Administrative Law Employer Duty of Care Reasonably Practicable Reverse Evidential Burden Under S38 Cap 509 Appeal Standard (re‑hearing)

Source-derived case record

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Parties

黃梅芳 經營之天幕建材工程公司

Appellant

香港特別行政區

Respondent

Procedural Posture

Criminal / Conviction Appeal

  1. 1 Whether appellant failed to provide required information, instruction, training and supervision to employee on the relevant date
  2. 2 Whether the measures were 'reasonably practicable' at the relevant time
  3. 3 Application of reverse evidential burden under s38 Cap 509

Ratio Decidendi

On the accepted evidence (notably PW2's testimony) the court concluded that at the relevant time the works had not progressed to ceiling dismantling and PW1 was not known to be performing that task, therefore the specific information, instruction, training and supervision were not 'required' at that time; the prosecution failed to prove beyond reasonable doubt that the appellant omitted to provide the requisite measures, so the conviction could not stand.

Court Disposition

appeal allowed; conviction quashed; sentence adjourned

Orders

  • Appeal allowed
  • Conviction quashed