4 Jun 1998
HKSAR v. PAUL Y - ITC CONSTRUCTION LTD
- Citation
- HKSAR v. PAUL Y - ITC CONSTRUCTION LTD
- Court
- Court of First Instance
- Case number
- HCMA476/1997
Sections 6(1) and 6(2) of the Noise Control Ordinance are offences of strict liability given the regulatory and social-concern purpose of the statute and the omission of 'knowingly'; 'cause' includes the main contractor's initiation, coordination and overall control of site works such that the main contractor can be held to have caused prohibited acts by subcontractors; a defence of reasonable but mistaken belief exists in principle but was not relied on or made out in this case, so convictions are upheld.