Hong Kong Ordinances

GAS SAFETY ORDINANCE - SECT 30

Liability of registered person for offences committed by his employees and agents

(1) Subject to this section, where it is proved to the satisfaction of a
magistrate or court that an offence against this Ordinance has been committed
by any employee or agent of any registered person, the registered person
shall, unless-

   (a)  the offence was committed without his knowledge or consent; and

   (b)  he had exercised all due diligence to prevent the commission of the
        offence, also be held to be liable for such offence and to the penalty
        provided therefor.

(2) In any proceedings against a registered person in relation to which
subsection (1) is alleged to apply, it shall, in relation to the offence
against this Ordinance concerned committed by the employee or agent concerned
of the registered person, be presumed, in the absence of evidence to the
contrary, that-

   (a)  the offence was committed with the knowledge and consent of that
        registered person; and

   (b)  the registered person did not exercise all due diligence to prevent
        the commission of the offence.

(3) No registered person shall be sentenced to imprisonment (except in default
of payment of a fine) by virtue of the application of subsection (1) to him.

(4) Nothing in this section shall be deemed to exempt any employee or agent of
a registered person from the penalties provided for an offence committed by
such employee or agent. (Enacted 1990)