15 May 2018
香港特別行政區 訴 羅永成及另一人
- Citation
- [2018] HKCFI 1037
- Court
- Court of First Instance
- Case number
- HCMA235/2017
Section 17I(1) of the Immigration Ordinance is a strict liability offence; the statutory defence in s17I(1A) requires proof that all practicable steps were taken and that objectively the employee was reasonably assessed as lawfully employable, and this statutory defence displaces the common law defence of honest and reasonable belief; the appellants fell within the s17G definition of "employer" and failed to prove they took all practicable steps, therefore convictions are upheld.