The course will be delivered on the web using Zoom.

Construction sites are subject to regulatory control by various government departments in Hong Kong, including the Labour Department, Environmental Protection Department, Food and Hygiene Department, etc. These departments conducted periodic inspections of 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 offenses usually results in a fine 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 aware of the relevant provisions in the ordinances and/or regulations relating to safety and environmental protection. They should also know the legal procedures involved should an industrial summons be issued against their companies. By presenting to the participants various court cases involving industrial summons prosecution in construction projects with some of which being handled personally by the two speakers, 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 defense 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 legislation

• The elements of  the offenses commonly covered by industrial summons

• Common types of defense

• 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-life 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)

• Public Health and Municipal Service Ordinance (Cap. 227)

• Prosecution procedure

• Common law defense

• Statutory defense

• Burden of proof