7 May 2020
香港特別行政區 訴 祥記馮祥建築有限公司
- Citation
- [2020] HKCFI 477
- Court
- Court of First Instance
- Case number
- HCMA266/2019
Trial judge's factual findings and credibility determinations established that the rebar and other site features did not constitute adequate guardrails or reliable anchorages at the photographed locations, the tested report D19 did not tie tested points to those locations, protective spray was inadequate, access routes lacked appropriate guardrails and on‑site supervision failed to ensure belts were worn; consequently the appellant failed to take adequate and reasonably practicable steps required by the Regulations and the statutory s38H defence did not apply, so convictions and fines were pr…