19 Jul 2001
HKSAR v. HIP HING CONSTRUCTION CO. LTD.
- Citation
- HKSAR v. HIP HING CONSTRUCTION CO. LTD.
- Court
- Court of First Instance
- Case number
- HCMA1253/2000
The conviction was unsafe because the magistrate misdirected the focus of the prosecution case by relying on Regulation 38B and on speculative expert hypotheticals concerning single-row scaffolding; the prosecution did not establish that the scaffold was unsafe for the work actually proven to be undertaken and the statutory defence issues were not properly adjudicated; accordingly the appeal must be allowed and the conviction and fine set aside.