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Hong Kong decisions
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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.
The appeal succeeded because the magistrate addressed the wrong statutory failure and cooling towers were held not to be part of the building or construction work.
The court held that remote borrow-area work for reclamation was not “construction work” or a “construction site” under the ordinance and regulations.
The High Court held that the safety regulations were not limited to sizeable undertakings, and that the conduit work was construction work. The matter was remitted for a factual finding.
The court held that a management contractor could be the contractor responsible under the Construction Sites (Safety) Regulations, even without doing the physical work.
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