Hong Kong Regulations

AMUSEMENT RIDES (SAFETY) (OPERATION AND MAINTENANCE) REGULATION - SECT 35

Owner to cause sections to be complied with

(1) The owner of an amusement ride shall cause every obligation imposed upon-

   (a)  a surveyor, competent person or qualified person by or under each
        provision of this Regulation referred to in section 31; and

   (b)  an operator or chief operator by or under each provision of this
        Regulation referred to in section 32, to be complied with.

(2) Subject to subsection (3), any owner of an amusement ride who contravenes
subsection (1) commits an offence (whether or not any other person is also
convicted of the offence) and is liable on conviction-

   (a)  where the contravention relates to any provision of this Regulation
        referred to in section 31, to the penalty set out in columns 2, 3 and
        4 of Part IV of the Schedule opposite the reference to that provision
        in column 1 of Part IV of the Schedule; and

   (b)  where the contravention relates to any provision of this Regulation
        referred to in section 32, to the penalty set out in columns 2, 3 and
        4 of Part V of the Schedule opposite the reference to that provision
        in column 1 of Part V of the Schedule.

(3) The owner of an amusement ride shall not be convicted of an offence under
subsection (2) if he satisfies a magistrate or court that-

   (a)  the non-compliance occurred without his knowledge or consent; and

   (b)  he had exercised all due diligence to prevent the non-compliance as
        the magistrate or court considers reasonable in the circumstances.
        (Enacted 1994)