30 Apr 2019
HKSAR v. LAW WING SHING (羅永成) AND ANOTHER
- Citation
- [2019] HKCFA 16
- Court
- Court of Final Appeal
- Case number
- FAMC33/2018
The Court held it was not reasonably arguable that the Judge erred: the offence under s17I(1) is properly categorised as strict liability within the Fourth Alternative; the statutory defence in s17I(1A) is inconsistent with and excludes the common law honest and reasonable belief defence on these facts; the definition in s17G(1) permits more than one person (including authorised managers/agents) to be an 'employer' liable under s17I(1); there is no material discrepancy between the Chinese and English texts of s17I(1); accordingly the application for leave to appeal was dismissed.