Hong Kong Ordinances

HAZARDOUS CHEMICALS CONTROL ORDINANCE - SECT 41

Liability of employers

(1) Any act done or omission made by a person in the course of his employment
(the “employee”) is treated for the purposes of this Ordinance as done or
made by his employer, as well as by him.

(2) In any proceedings for an offence under this Ordinance brought against an
employer in respect of an act or omission of his employee, the employer is
liable to be convicted of and be punished for that offence unless he
establishes the defence described in subsection (3).

(3) Where any proceedings are brought against an employer by virtue of this
section, it is a defence for the employer to prove that—

   (a)  the act was done or the omission was made without his knowledge or
        consent; and

   (b)  he exercised all reasonable diligence to prevent the employee from
        doing the act or making the omission, or doing an act or making an
        omission of that description, in the course of his employment.