29 Jun 2018
HKSAR v. HONG DAU CONSTRUCTION CO LTD AND OTHERS
- Citation
- [2018] HKCFI 1462
- Court
- Court of First Instance
- Case number
- HCMA186/2017
The court allowed appeals and set aside convictions relating to plant safety and maintenance (convictions dependent on contested expert evidence about pre-existing fatigue and detectability) because the prosecution failed to prove beyond reasonable doubt that there were visible warning signs and that maintenance regimes would have detected them; however convictions for failure to provide and maintain a safe system of work and safety management (limited to prohibition of passing materials between TWP and scaffold) were upheld because appellants failed to adopt the safest practicable measures.…