14 Mar 2014
HKSAR v. WING LOK CONSTRUCTION & ENGINEERING CO, LTD
- Citation
- HKSAR v. WING LOK CONSTRUCTION & ENGINEERING CO, LTD
- Court
- Court of First Instance
- Case number
- HCMA464/2013
The appeal was allowed because 'cause' under the statute requires a positive exercise of authority or control and the contemplation or desire that the prohibited act will ensue; mere inadequate security or foreseeability of theft did not establish that the appellant caused the asbestos removal and on the evidence the possibility of theft by outsiders could not be excluded, so causation was not proved beyond reasonable doubt.