Hong Kong Regulations

AIR POLLUTION CONTROL (VOLATILE ORGANIC COMPOUNDS) REGULATION - SECT 18

Defences

(1) In any proceedings against a person for an offence under this Regulation,
it is a defence for that person to prove that he took all reasonable steps and
exercised all due diligence to avoid committing the offence.

(2) Where in any proceedings, the defence under subsection (1) involves an
allegation that the commission of the offence was due—

   (a)  to the act or default of another person; or

   (b)  to reliance on information given by another, the person charged is
        not, without the leave of the court, entitled to rely on the defence
        unless he has served a notice in accordance with subsection (3).

(3) A notice for the purposes of subsection (2) must—

   (a)  give information that is in the possession of the person serving the
        notice at the time he serves the notice, identifying or assisting in
        the identification of the person who committed the act or default or
        gave the information referred to in subsection (2)(b); and

   (b)  be served on the person bringing the proceedings at least 7 clear
        working days before the hearing of the proceedings.

(4) A person is not entitled to rely on the defence under subsection (2)(b) by
reason of his reliance on information given by another person, unless he shows
that it was reasonable in all the circumstances for him to have relied on the
information, having regard in particular—

   (a)  to the steps which he had taken, and those which might reasonably have
        been taken, for the purpose of verifying the information; and

   (b)  to whether he had any reason to disbelieve the information.