29 Oct 1998
HKSAR v. HOP SHING LOONG LIGHTING LTD.
- Citation
- HKSAR v. HOP SHING LOONG LIGHTING LTD.
- Court
- Court of First Instance
- Case number
- HCMA605/1998
The court held that s.13(3) is not an ingredient of the offence under s.13(6) so the prosecution was not required to prove compliance with s.13(3); the notice is presumed valid and the appellant failed to properly challenge validity by s.19 appeal or judicial review; the defence of due diligence was unavailable because there was no third party whose compliance could reasonably be relied upon and delegation to contractors does not negate statutory responsibility; doing one\u2019s best is mitigation, not a defence. Consequently the magistrate did not err and the appeal must fail.