28 Feb 2014
HKSAR v. GAMMON CONSTRUCTION LTD
- Citation
- HKSAR v. GAMMON CONSTRUCTION LTD
- Court
- Court of First Instance
- Case number
- HCMA426/2013
The appellate court confirmed the magistrate's finding that the system of work lacked a reasonably practicable safety requirement that both signalmen independently confirm clearance before lifting; that omission rendered the system unsafe so far as reasonably practicable; the appellant failed to discharge the statutory defence under s.18; and common law defences of honest and reasonable belief and due diligence are not available in the face of the statutory defence. Accordingly the convictions were upheld.