香港特別行政區 訴 金門建築有限公司及另二人

香港特別行政區 訴 金門建築有限公司及另二人

The High Court held the sentencing judge did not err in principle in her overall approach to seriousness, prior records and deterrence; D3 and D4's fines were upheld as appropriate, but D1's fines were reduced so that D1's culpability and penalty aligned with its co‑defendant D2 given comparable responsibility —...

Source-derived case information.

Citation
香港特別行政區 訴 金門建築有限公司及另二人
Parties
First Appellant: Gammon Construction Limited; Second Appellant: Siemens Limited; Third Appellant: Luen Yau Construction Company Limited; Respondent: The Government of the Hong Kong Special Administrative Region
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 February 2016
Case Number
HCMA625/2015
Procedural Posture
Criminal Sentencing Appeal Under Factories and Industrial Undertakings Ordinance / Appeal Heard and Decided by High Court (court of First Instance)
Outcome
Appeal allowed in part as to Gammon Construction Limited; appeals dismissed for Siemens Limited and Luen Yau Construction Company Limited.
Legal Topics
Factories and Industrial Undertakings Ordinance S6 a, Factories and Industrial Undertakings Ordinance S13(1) Vicarious Liability, Adequacy of Safety Training and Supervision, Sentencing Principles and Appellate Review, Use of Statistical Data in Sentencing
Source Language
ch
Criminal Law Occupational Safety and Health Statutory Duties of Employers Sentencing Law Factories and Industrial Undertakings Ordinance S6 a Factories and Industrial Undertakings Ordinance S13(1) Vicarious Liability Adequacy of Safety Training and Supervision Sentencing Principles and Appellate Review +1 more

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Parties

Gammon Construction Limited

First Appellant

Siemens Limited

Second Appellant

Luen Yau Construction Company Limited

Third Appellant

The Government of the Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Sentencing Appeal Under Factories and Industrial Undertakings Ordinance / Appeal Heard and Decided by High Court (court of First Instance)

  1. 1 Whether appellants breached duties under s6A of the Factories and Industrial Undertakings Ordinance leading to serious injury
  2. 2 Whether the sentencing judge committed legal error in considering historical accident data and prior convictions
  3. 3 Whether the individual sentences were manifestly excessive and warranted appellate interference

Ratio Decidendi

The High Court held the sentencing judge did not err in principle in her overall approach to seriousness, prior records and deterrence; D3 and D4's fines were upheld as appropriate, but D1's fines were reduced so that D1's culpability and penalty aligned with its co‑defendant D2 given comparable responsibility — resulting in D1's fine per summons reduced from HK$150,000 to HK$120,000 (total HK$240,000).

Court Disposition

Appeal allowed in part as to Gammon Construction Limited; appeals dismissed for Siemens Limited and Luen Yau Construction Company Limited.

Orders

  • Gammon Construction Limited: each summons fine reduced to HK$120000, total HK$240000
  • Siemens Limited: appeals dismissed; fines upheld at HK$100000 per summons, total HK$200000