21 Nov 1986
THE QUEEN v. YUE WING-IP AND ANOTHER
- Citation
- THE QUEEN v. YUE WING-IP AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMA1093/1986
The appeal was allowed because the magistrate's reasoning conflated the regulatory duty (to erect and maintain shoring) with a separate inquiry under Reg.39(4)(b); on the evidence the workmen were 'actually engaged' in erecting replacement shoring when the collapse occurred, bringing the case within the Reg.39(4)(b) exclusion and rendering the conviction unsafe.