Hong Kong Ordinances

ENTERTAINMENT SPECIAL EFFECTS ORDINANCE - SECT 28

Effect of codes of practice

(1) Failure on the part of any person to observe any provision of a
code of practice shall not of itself render that person liable to criminal
proceedings of any kind.

(2) However, if, in any legal proceedings, whether civil or criminal and
including proceedings for an offence under this Ordinance, the court is
satisfied that a provision of a code of practice is relevant to determining a
matter that is in issue in the proceedings-

   (a)  the code of practice is admissible in evidence in the proceedings; and

   (b)  proof that the person contravened or did not contravene a relevant
        provision of the code may be relied on by any party to the proceedings
        as tending to establish or negate that matter.

(3) In any legal proceedings, a code of practice which appears to a court to
be the subject of a notice under section 27(3) shall, in the absence of
evidence to the contrary, be taken to be the subject of such notice.

(4) In any legal proceedings, a document that purports to be a copy of a
code of practice identified in the Gazette under section 27(3) is, in the
absence of evidence to the contrary, to be presumed to be a true copy of the
code.

(5) A code of practice is not subsidiary legislation for the purposes of Part
V of the Interpretation and General Clauses Ordinance ( Cap 1).