19 Sept 2002
HKSAR v. NGO KEE CONSTRUCTION CO. LTD.
- Citation
- HKSAR v. NGO KEE CONSTRUCTION CO. LTD.
- Court
- Court of First Instance
- Case number
- HCMA404/2002
The magistrate correctly applied the criminal standard to prosecution elements and the civil standard to the statutory defence; on the evidence the appellant did not prove impracticability to provide a working platform or safety net, did not demonstrate the provided safety belt was suitable and adequate (was unattached and lacked a fall arrester), and did not take all reasonably practicable steps to ensure proper use; accordingly the conviction was upheld and the appeal dismissed.