19 Mar 2002
HKSAR v. CHINA STATE CONSTRUCTION ENGINEERING CORPORATION
- Citation
- HKSAR v. CHINA STATE CONSTRUCTION ENGINEERING CORPORATION
- Court
- Court of First Instance
- Case number
- HCMA1188/2001
The court upheld the deputy Magistrate: evidence (including expert evidence) established the appellant failed to adequately secure every part of the load under Reg 7J and failed to appoint and station necessary signallers with effective communication under Reg 15B; the offences are regulatory and strict liability, s.18 Cap.59 validly imposes a defence burden on the accused to show on balance of probabilities that it was unnecessary to do more, and the convictions and original fines are therefore upheld.