Hong Kong Regulations

ELECTRICAL PRODUCTS (SAFETY) REGULATION - SECT 14

Defence of due diligence

(1) It is a defence in a proceeding against a person for an offence under
section 12(a) if the person charged shows 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, not less than 7 clear working days before the hearing of the
        proceedings, he has served a notice on the person bringing the
        proceedings giving such information identifying or assisting in the
        identification of the person who committed the act or default or gave
        the information that was in the possession of the person serving the
        notice at the time he served it.

(3) A person is not entitled to rely on the defence under subsection (1) 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 took, 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.