Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Delegability of statutory duties

Legal area

Court

9 Jul 2009

HKSAR v. KADEN CONSTRUCTION LTD AND ANOTHER

Citation

HKSAR v. KADEN CONSTRUCTION LTD AND ANOTHER
Court

Court of First Instance
Case number

HCMA499/2007

The appeal is dismissed because (1) no common law defence of reasonable belief applies to Regulation 52(2A), (2) the statutory duty is non-delegable and therefore shared by the main contractors, and (3) the Magistrate's factual finding that the reinforcement bar bundle was insecurely stacked was open on the evidence and inevitable from the accident, thus upholding the convictions.
18 May 2001

HKSAR v. CHUN WO BUILDING CONSTRUCTION LTD.

Citation

HKSAR v. CHUN WO BUILDING CONSTRUCTION LTD.
Court

Court of First Instance
Case number

HCMA749/1999

The offence under Regulation 19 is one of strict liability given the public safety objective; the appellant was properly found to be a proprietor because it had management and control of the site and Meter Room C and exercised ultimate control over safety matters; statutory obligations on a proprietor to ensure adequate precautions are non-delegable and thus the appellant is liable notwithstanding subcontracting.