Hong Kong Case Law

香港特別行政區 訴 其士（建築）有限公司

Court

Court of First Instance

Case number

HCMA351/2024

The court held the amended informations did not create an offence unknown to law; the Regulations' definition of 'owner' brings the contractor responsible for the construction site within the statutory owner definition where the lifting gear was used in connection with site work; the impugned provisions are absolute liability/non-delegable duties such that lack of knowledge or delegation to subcontractors does not absolve the appellant; on the retrial standard the prosecution proved all elements beyond reasonable doubt and the convictions must be upheld.

Source excerpt

• Absolute liability
• Owner liability
• Construction site safety
• Lifting appliances and lifting gear
• Statutory interpretation
• Appeal (retrial) standard

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香港特別行政區 訴 BUILD KING CONSTRUCTION LTD及另四人

Court

Court of First Instance

Case number

HCMA71/2023

On re‑hearing the Court accepted the combined eyewitness photographic evidence and expert PW9’s opinion as mutually supporting; appellants failed to discharge the evidential/on‑balance obligation under s18 to prove they had taken all reasonable and practicable steps to prevent falls; the evidence established absence of adequate guardrails, safe access and secure working platforms at multiple locations and that the relevant appellants had direct control of the works; accordingly convictions were sustainable beyond reasonable doubt and appeal dismissed.

Source excerpt

• Construction site safety
• Fall protection
• Statutory defences under cap.59 s18
• Expert evidence admissibility and weight
• Direct control by contractor/subcontractor
• Appeal re‑hearing standard

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律政司司長 訴 中國路橋工程有限責任公司及另二人

Court

Court of First Instance

Case number

HCMA158/2022

The words “wearing an appropriate safety helmet” in Cap.59I s48(1)(b) and s48(1A)(b) include wearing the helmet in a manner that allows it to perform its protective function; consequently contractors must take all reasonable steps to ensure helmets are worn properly, which includes ensuring chinstraps are fastened where necessary to secure the helmet, and contemporary Labour Department guidance (2018) is relevant to ascertain what constitutes appropriate wearing.

Source excerpt

• Construction site safety
• Safety helmets
• Chinstrap requirement
• Regulatory compliance
• Legality and legal certainty

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香港特別行政區 訴 駿輝建築有限公司

Court

Court of First Instance

Case number

HCMA87/2021

Regulation 51(1) is sufficiently clear: it criminalises leaving or using timber or materials on a construction site if protruding nails would pose a danger to workers employed at the site; on the facts the F unit was part of the construction site, contained timber with protruding nails accessible to workers and lacked protective measures, so the contractor's conviction was properly sustained.

Source excerpt

• Workplace safety regulations
• Construction site safety
• Statutory interpretation
• Vagueness/arbitrary prosecution challenge

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香港特別行政區 訴 安保工程有限公司

Court

Court of First Instance

Case number

HCMA213/2019

The Court held that on the evidence the worker was wearing ordinary spectacles without side‑guards or safety markings and those did not constitute the "appropriate eye protector" required by reg 43(b); the appellant, though it provided training and PPE, failed to "ensure" the worker used the provided protective goggles and therefore conviction under WKS 6623/2018 was safe and must be confirmed; the trial judge properly exercised discretion refusing costs for WKS 6622 and WKS 6624 because facts gave rise to self‑invited suspicion, but the refusal of costs for WKS 6625 was not supported and mus…

Source excerpt

• Construction site safety
• Personal protective equipment
• Statutory duty to ensure
• Appeal against conviction
• Costs discretion

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CHAN WAI KEUNG v. LI YAU HING AND ANOTHER

Court

Court of First Instance

Case number

HCPI715/2012

Personal injuries judgment for a plasterer injured when a homemade trestle scaffold collapsed. The court found the employer liable and awarded HK$1,892,270.70.

• Construction site safety
• Employer's duty of care
• Breach of statutory duty
• Quantum of damages
• Contributory negligence
• Employees' compensation

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香港特別行政區 訴 鉅城工程有限公司

Court

Court of First Instance

Case number

HCMA731/2013

The appellant exercised direct control over the cleaning operation within his contractual scope and thus had the statutory duty under Reg 38B(1A) to take sufficient steps (eg covering holes) to prevent falls; lack of construction or prior knowledge of the specific hole did not absolve him, so conviction was upheld.

Source excerpt

• Construction site safety
• Liability for falls
• Definition of direct control under safety regulations
• Duties of contractors and subcontractors

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HKSAR v. WOO HING HOLDING LTD t/a WOO HING CO

Court

Court of First Instance

Case number

HCMA590/2009

Consolidated magistracy appeals about FIUO workplace-safety convictions were dismissed. The court upheld s.13 liability, rejected Bill of Rights and nullity arguments, and sustained the convictions.

• Absolute/strict liability
• Construction site safety
• Section 13 fiuo
• Section 6a fiuo
• Presumption of innocence
• Amendment of charge under s.27

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HKSAR v. ALLIANCE ENGINEERING CO LTD

Court

Court of First Instance

Case number

HCMA1154/2006

The High Court dismissed Alliance Engineering’s appeal, upheld the conviction for construction site safety breaches, found no bias in the magistrate’s questioning, and increased costs.

• Construction site safety
• Safety helmet requirement
• Reasonable steps standard
• Definition of construction work
• Judicial questioning and bias
• Costs in criminal cases

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HKSAR v. LEE FUNG CONSTRUCTION CO LTD

Court

Court of First Instance

Case number

HCMA1062/2005

The High Court dismissed a construction company’s appeal and upheld its conviction for failing to provide a safe system of work after a worker fell into an unfenced culvert.

• Safe system of work
• Risk assessment
• Employer's statutory duty
• Construction site safety
• Safe-system-of-work
• Risk-assessment

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