HKSAR v. Gammon Construction Ltd

FAMC No. 21 of 2014

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 21 OF 2014 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM HCMA NO. 426 OF 2013)

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Between:

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DETERMINATION

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Mr Justice Ribeiro Ag CJ:

1.We grant leave to appeal confined to the following point of law:

On the true construction of sections 6A and 18 of the Factories and Industrial Undertakings Ordinance, what is the nature of the duty imposed on the proprietor of an industrial undertaking and what are the requirements of the statutory defence provided?

Mr Guy Reynolds and Mr Raymond Pierce, instructed by Munros, for the applicant

Mr Wesley WC Wong SC, DDPP, and Mr Andrew Li, SPP of the Department of Justice, for the respondent