Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Regulation 47(1) construction sites (safety) regulations cap.59

Legal area

Court

27 Oct 1998

HKSAR v. CHINA ROAD ENGINEERING & INVESTMENT CO. LTD.

Citation

HKSAR v. CHINA ROAD ENGINEERING & INVESTMENT CO. LTD.
Court

Court of First Instance
Case number

HCMA268/1998

Electric cables supplying the crane were 'live' whenever the electrical supply was switched on; the contractor had a duty under Regulation 47(1) to take preventive measures before and during works if workers were liable to contact live cables; the offence is one of strict liability so the prosecution need not prove knowledge that cables were live; conviction stands.
7 Apr 1982

ATTORNEY GENERAL v. CHINA LIGHT & POWER CO LTD

Citation

ATTORNEY GENERAL v. CHINA LIGHT & POWER CO LTD
Court

Court of Appeal
Case number

CACC1112/1981

The court held that generally electrically qualified workmen are within the protection of Regulation 47(1) and the definitions are to be given a wide liberal construction; however, where the contextual facts show the work being performed was the implementation of the safety measures mandated by Regulation 47(1) (for example testing, switching or other measures to render apparatus safe), that implementing work is not to be treated as 'construction work' for the purposes of the Regulation. Applying that principle the activity at Kingsway was implementation of safety/testing measures and Kingswa…