29 Jan 2015
香港特別行政區 訴 博建(香港)有限公司
- Citation
- 香港特別行政區 訴 博建(香港)有限公司
- Court
- Court of First Instance
- Case number
- HCMA345/2014
The court held the trial judge applied an excessively strict standard to training and supervision and unfairly expanded the prosecution case; on the available evidence the appellant had proved it had taken all reasonable and practicable steps under reg 38H(1)(c) to ensure provided safety belts were properly used, and the conviction could not stand; common law defences may coexist with the statutory defence and the trial judge should have afforded parties opportunity to address any intended departure from the pleaded focus.