19 Mar 2015
HKSAR v. GAMMON CONSTRUCTION LTD
- Citation
- HKSAR v. GAMMON CONSTRUCTION LTD
- Court
- Court of Final Appeal
- Case number
- FACC10/2014
The Court held that s 6A imposes a non‑delegable duty on a proprietor to ensure safety so far as reasonably practicable and s 18 imposes a legal onus on the accused to prove it was not reasonably practicable to do more; foreseeability is relevant to reasonable practicability but not a separate element of 'safety'; the prosecution in this case gave fair particulars and proved the appellant's system was unsafe because signalling responsibilities were unclear and practicable precautions (requiring confirmation or dual signalling) were not implemented, therefore the convictions and fines were aff…