20 Feb 2009
HKSAR v. SHUN TAK PROPERTIES LTD
- Citation
- HKSAR v. SHUN TAK PROPERTIES LTD
- Court
- Court of First Instance
- Case number
- HCMA1014/2006
The Court of Appeal held that the offence under reg 4(e) is one of absolute/strict liability in the context of public safety; "ensure" imposes a non-delegable duty on the owner to make certain the gondola is properly maintained, the common law due diligence / honest and reasonable belief defence is not available for this safety regulatory offence, and on the facts the appellant failed to ensure proper maintenance; the appeal is dismissed.