7 Sept 2018
SECRETARY FOR JUSTICE v. HONG DAU CONSTRUCTION CO LTD AND ANOTHER
- Citation
- [2018] HKCFI 2039
- Court
- Court of First Instance
- Case number
- HCMA499/2017
The High Court held that a competent person who is personally engaged in erecting high external scaffolding and whose attention is principally occupied by his own dangerous work cannot, as a matter of fact, be treated as providing the statutory 'immediate supervision' required by reg 38E CSSR for another scaffolder; the magistrate's contrary conclusions were perverse on the uncontested evidence, so the acquittals were reversed, convictions entered and the matter remitted for mitigation and sentence.