22 Jan 2008
HKSAR v. PAUL Y CONSTRUCTION & ENGINEERING CO LTD AND ANOTHER
- Citation
- HKSAR v. PAUL Y CONSTRUCTION & ENGINEERING CO LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMA161/2007
The Court accepted the magistrate's factual findings and preference for the prosecution metallurgical expert: the failed pins were medium carbon substandard pins (not Potaine originals), they fractured by reverse bending fatigue over months with rusting and working-out occurring prior to collapse making the condition patent on proper inspection, and the appellants failed to prove due diligence; therefore the convictions under the lifting-gear regulations are upheld.