8 Mar 2000
HKSAR v. LEIGHTON CONTRACTORS (ASIA) LTD.
- Citation
- HKSAR v. LEIGHTON CONTRACTORS (ASIA) LTD.
- Court
- Court of First Instance
- Case number
- HCMA1255/1999
The due diligence defence is not available to a defendant charged with this strict liability regulatory offence absent express statutory provision and, on the facts, even if available it was not established; Regulation 38P(2) does not afford a defence where the absence of guardrail/covering occurred during an interruption of work (tea break) and thus was not 'necessary in order to proceed' or 'for the time and to the extent necessary'; accordingly the conviction is upheld.