Hong Kong Ordinances

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE - SECT 18

Onus of proving limits of what is practicable, etc.

(1) In a proceeding for an offence under a provision in this Ordinance
consisting of a failure to comply with a duty or requirement to do something
so far as is necessary, where practicable, so far as is reasonably
practicable, or so far as practicable or to take all reasonable steps, all
practicable steps, adequate steps or all reasonably practicable steps to do
something, the onus is on the accused to prove that it was not necessary, not
practicable or not reasonably practicable to do more than was in fact done to
satisfy the duty or requirement, or that he has taken all reasonable steps, or
practicable steps or done the appropriate thing to satisfy the duty or
requirement.

(2) In a proceeding for an offence under a provision in this Ordinance
consisting of an exemption from compliance with a duty or requirement to do
something where it is impracticable, not reasonably practicable or rendered
impracticable to comply with that duty or requirement, the onus is on the
accused to prove that it was impracticable or not reasonably practicable to do
more than was in fact done to comply with the duty or requirement.

(3) Subsections (1) and (2) do not apply where the offence is committed on or
before the commencement* of this section. (Added 71 of 1989 s. 12)
___________________________________________________________________ Note:

* Commencement date: 15 December 1989.