Hong Kong Regulations

ELECTRICITY SUPPLY LINES (PROTECTION) REGULATION - SECT 16

Use of approved code of practice in criminal proceedings

(1) Where in any criminal proceedings before a magistrate or court a party is
alleged to have committed an offence by reason of a contravention of a
requirement under this Regulation, being a requirement for which there was an
approved code of practice at the time of the alleged contravention, then-

   (a)  any provision of the code of practice which appears to the magistrate
        or court to be relevant to the requirement alleged to have been
        contravened shall be admissible in evidence in the proceedings; and

   (b)  subject to subsection (2), if it is proved that there was at any
        material time a failure to observe any provision of the code which
        appears to the magistrate or court to be relevant to any matter which
        it is necessary for the prosecution to prove in order to establish a
        contravention of such requirement, then such failure may be relied
        upon by the prosecution as tending to establish that matter.

(2) Subsection (1)(b) shall not have effect if the magistrate or court is
satisfied that the requirement alleged to have been contravened was, as
regards the matter which it is necessary for the prosecution to prove,
complied with otherwise than by way of observance of the code of  practice.

(3) In any criminal proceedings, a code of practice which appears to a
magistrate or court to be the subject of a notice under section 15(2) shall be
taken to be the subject of such notice unless the contrary is proved.

(4) For the avoidance of doubt, it is hereby declared that a failure on the
part of any person to observe any provision of an approved code of practice
shall not of itself render him liable to any civil or criminal proceedings.