26 Jul 2013
PAUL Y GENERAL CONTRACTORS LTD v. HKSAR
- Citation
- PAUL Y GENERAL CONTRACTORS LTD v. HKSAR<br>
- Court
- Court of Final Appeal
- Case number
- FACC4/2012
The court held that s13 is a derivative offence predicated on the commission of an offence against the Ordinance; s13 does not itself broaden the substantive duty in s6A to persons not employed by the proprietor; a s13 conviction requires proof that a predicated offence (e.g. a s6A breach) was committed in or in respect of the industrial undertaking and that the proprietor charge must be properly framed to allege which predicated offence and who committed it; proprietor convictions were quashed because charges were wrongly formulated, while contractor convictions under the Construction Sites…