HKSAR v. SHUN SHING CONSTRUCTION & ENGINEERING CO. LTD.

HKSAR v. SHUN SHING CONSTRUCTION & ENGINEERING CO. LTD.

On the admitted facts and photographs the Magistrate was entitled to conclude objectively that the work could not safely be done from the I-beam (2.5m above ground, narrow width, no fencing, use of power concrete breaker) and that no sufficient, strong and suitable scaffold or other means of support was provided, therefore the conviction under Reg.38B is upheld and the appeal is dismissed.

Citation
HKSAR v. SHUN SHING CONSTRUCTION & ENGINEERING CO. LTD.
Parties
Respondent: HKSAR; Appellant: SHUN SHING CONSTRUCTION & ENGINEERING CO. LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 August 1998
Case Number
HCMA322/1998
Procedural Posture
Magistracy Appeal (appeal From Conviction Under Construction Sites (safety) Regulations) / Appellate Judgment
Outcome
Appeal dismissed; conviction and fine upheld
Legal Topics
Regulation 38 B, Scaffolding and Means of Support, Safe Access and Egress (s.38 A), Guardrails and Falls (s.38 P), Evidence by Admitted Facts (s.65 C), Sufficiency of Evidence/prima Facie Case
Source Language
EN
Occupational Safety and Health Construction Law Criminal Law Regulation 38 B Scaffolding and Means of Support Safe Access and Egress (s.38 A) Guardrails and Falls (s.38 P) Evidence by Admitted Facts (s.65 C) +1 more

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Parties

HKSAR

Respondent

SHUN SHING CONSTRUCTION & ENGINEERING CO. LTD

Appellant

Procedural Posture

Magistracy Appeal (appeal From Conviction Under Construction Sites (safety) Regulations) / Appellate Judgment

Legal Issues

  1. 1 Whether prosecution proved element that work could not safely be done on or from the ground or a permanent structure
  2. 2 Whether the admitted facts and photographs constituted sufficient evidence to establish the offence
  3. 3 Whether the I-beam could be regarded as a sufficient, strong and suitable means of support

Ratio Decidendi

On the admitted facts and photographs the Magistrate was entitled to conclude objectively that the work could not safely be done from the I-beam (2.5m above ground, narrow width, no fencing, use of power concrete breaker) and that no sufficient, strong and suitable scaffold or other means of support was provided, therefore the conviction under Reg.38B is upheld and the appeal is dismissed.

Court Disposition

Appeal dismissed; conviction and fine upheld

Orders

  • Appeal dismissed
  • Conviction of SHUN SHING CONSTRUCTION & ENGINEERING CO. LTD affirmed and fine of HK$45,000 upheld