Hong Kong Ordinances

TOYS AND CHILDREN'S PRODUCTS SAFETY ORDINANCE - SECT 26

Liability of persons other than principal offender

(1) Where the commission by any person of an offence to which section 25
applies is due to an act or default committed by some other person in the
course of any business of his, the other person shall be guilty of the offence
and may be proceeded against and punished whether or not proceedings are taken
against the first-mentioned person.

(2) Where a body corporate is guilty of an offence under this Ordinance in
respect of any act or default which is shown to have been committed with the
consent or connivance of, or to be attributable to any neglect on the part of,
any director, manager, secretary or other similar officer of the body
corporate or any person who was purporting to act in any such capacity he, as
well as the body corporate, shall be guilty of that offence and shall be
liable to be proceeded against.

(3) Where the affairs of a body corporate are managed by its members,
subsection (2) applies in relation to the acts and defaults of a member in
connection with his functions of management as if he were a director of the
body corporate.

(4) Where the person who is guilty of an offence under this Ordinance is a
firm and it is proved that the offence was committed with the consent or
connivance of, or was attributable to any neglect on the part of, any partner
in the firm or any person concerned in the management of the firm, the partner
or the person concerned in the management of the firm shall be guilty of the
like offence. (Enacted 1992)