Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Definition of competent person
  • 8 Feb 2002

    HKSAR v. CHINA CIVIL ENGINEERING CONSTRUCTION CORPORATION

    Citation
    HKSAR v. CHINA CIVIL ENGINEERING CONSTRUCTION CORPORATION
    Court
    Court of First Instance
    Case number
    HCMA1020/2001

    Conviction under Regulation 39(1) quashed because the magistrate wrongly rejected uncontradicted and credible evidence that the shoring was designed and constructed in accordance with the engineer's plan and improperly relied on altered photographic and procedural-deviation evidence, failing to properly assess the appellant's defence of honest and reasonable belief; conviction under Regulation 39(2)(a) upheld because the appointed examiner PW3 lacked the requisite substantial training and practical experience and performed only a visual inspection, and the appellant failed to establish the de…