1 Dec 2005
HKSAR v. HYUNDAI-CCECC JOINT VENTURE AND ANOTHER
- Citation
- HKSAR v. HYUNDAI-CCECC JOINT VENTURE AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMA530/2005
An unincorporated contractual joint venture that lacks separate legal personality cannot be validly prosecuted under the Construction Sites (Safety) Regulations; prosecutions must be directed at the identifiable legal entities (the corporate members) or individuals subject to derivative liability; accordingly the conviction and sentence of the first appellants (the joint venture) are quashed, while the conviction and sentence of the second appellant (an individual contractor with direct control) are upheld on the evidence.