15 Mar 2002
HKSAR v. CHINA MERCHANTS CONTAINER SERVICES LTD.
- Citation
- HKSAR v. CHINA MERCHANTS CONTAINER SERVICES LTD.
- Court
- Court of First Instance
- Case number
- HCMA597/2001
The appeal is allowed because the loader is more correctly characterised as a fork-lift truck under the Loadshifting Machinery Regulations rather than a 'crane' or lifting appliance under Reg 15B(1), so Reg 15B(1) did not apply; alternatively, even if Reg 15B(1) were applicable, evidence established that appointing signallers was impracticable and dangerous and the penal regulation must be strictly construed, leading to quashing of the conviction and ordering repayment of any fine.