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Industrial Summons - Common Criminal Prosecutions in Construction Projects - 23rd October 2020 (Web-CPD course)

The CPD course will be delivered on the web using Zoom.

Construction sites are subject to regulatory control by various government departments including the Labour Department, Environmental Protection Department, Food and Hygiene Department etc. These departments conducted periodic inspections to construction sites for monitoring purposes. Should any provisions in the relevant ordinances and/or regulations be contravened, the contractor and/or subcontractor responsible for the construction works would be prosecuted by way of summons, commonly named as "industrial summons". Conviction of such offences usually results in fines penalty, but it would also adversely affect the reputation of the contractor and its future tendering opportunity. As such, personnel involved in the management and supervision of construction projects must be well aware of the relevant provisions in the ordinances and/or regulations related to safety and environmental protection. They should also have knowledge of the legal procedures involved should an industrial summons be issued against their companies. This course aims to equip the personnel involved in the management and supervision of construction projects with knowledge of the relevant provisions in the prevailing safety and environmental protection ordinances from a legal practitioner perspective, the ordinary types of defence recognized by the law, and the litigation procedure involved when prosecution procedure is initiated.

Upon completion of this course, participants will learn:

  • Overview of the criminal procedures in Hong Kong Court
  • The prevailing safety and environmental protection legislations
  • The elements of the offences commonly covered by industrial summons
  • Common types of defence
  • What strict liability is
  • The legal meanings of "reasonable excuse", "all reasonable steps", "so far as reasonably practicable", "due diligence"
  • What a safe system of work is
  • Definition of "direct control" of a construction site
  • The liability of sub-contractors
  • Expert evidence
  • The effect of the conviction record in subsequent personal injury civil claims, if there are persons injured
  • The procedure of appeal upon conviction in the instant trial
  • Real cases where contractors were acquitted after trial and/or appeal
  • Factories and Industrial Undertakings Ordinance (Cap. 59)
  • Occupational Safety and Health Ordinance (Cap. 509)
  • Air Pollution Control Ordinance (Cap. 311)
  • Dangerous Goods Ordinance (Cap. 295)
  • Noise Control Ordinance (Cap. 400)
  • Waste Disposal Ordinance (Cap. 354)
  • Water Pollution Control Ordinance (Cap. 358)
  • Prosecution Procedure
  • Common law defence
  • Statutory defence
  • Burden of proof


  • Instructors:  Mr. Harrison Cheung and Mr. Vincent Li 

     

    Language: Cantonese (with technical terms in English)


    Date: 23rd October 2020 (Friday), 8:30 a.m. to 5:00 p.m.

     

    Venue: Your comfortable office or home.

     

    Cost: $1,350 (include an e-copy of the course notes and attendance certificate)

     

    Early bird discount: $1,150 for registration completed on or before 16th October 2020


     

    Methods of Payment: 
           
            (1)    A deposit to "Advanced Technovation Limited" at HSBC Account No. 400-304267-001 and get a receipt;

            (2)    FPS 3116993 and take a screen capture; or

            (3)    An e-cheque payable to "Advanced Technovation Limited".


    Registration: 

    (1)      Register online at adv-technovation.com and submit the image of the receipt or screen capture, or an e-cheque;

    (2)   Fill in the reply slip and e-mail the completed reply slip with receipt, screen capture or e-cheque to support@adv-technovation.com

    We would normally respond to you within 48 hours. If you do not hear from us within 3 days, please contact us again by e-mail at support@adv-technovation.com

    Questions: Please contact Miss Luk at 91208024 (phone or WhatsApp), support@adv-technovation.com

     

    Questions: Please contact Ms Iris Luk at support@adv-technovation.com

    Enrollment Form

                        


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    Application form for the Web-CPD course "Industrial Summons – Common Criminal Prosecutions in Construction Projects"  19k v. 2 Oct 14, 2020, 8:09 PM - Advanced Technovation Limited -
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    Description for the Web-CPD course "Industrial Summons – Common Criminal Prosecutions in Construction Projects"  215k v. 1 Sep 23, 2020, 8:06 PM - Advanced Technovation Limited -