24 Jan 1978
TON K. ENGINEERING AND CONSTRUCTION CO LTD v. THE QUEEN
- Citation
- TON K. ENGINEERING AND CONSTRUCTION CO LTD v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC2/1978
The court held the head contractor (appellant) was properly characterised as 'proprietor' for purposes of Reg.17(1) because the Building Administration certificate constituted an undertaking to carry out works in compliance with the Buildings Ordinance, imposing responsibility for manner and safety of execution despite subcontracting; accordingly the conviction for improper mounting (Reg.7) stands. However, the conviction for absence of a guard (Summons No.9819 under Reg.8(1)) was quashed because the prosecution did not prove absence of a guard beyond reasonable doubt and the charge was effec…