HKSAR v. GAMMON CONSTRUCTION LTD
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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:
| HKSAR | Respondent | |
| and | ||
| GAMMON CONSTRUCTION LIMITED | Applicant |
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| Appeal Committee: Mr Justice Ribeiro Acting CJ, Mr Justice Tang PJ and Mr Justice Fok PJ |
| Date of Hearing and Determination: 26 September 2014 |
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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?
| (R.A.V. Ribeiro) | (Robert Tang) | (Joseph Fok) |
| Acting Chief Justice | Permanent Judge | Permanent Judge |
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