CO129-448 - Governor Sir May - 1918 [4-6] — Page 495

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In all these cases the commission of the offence almost certainly in-

Yolves some neglect on the part of the contractor. The only excep-

tion is the case of failing to light a trench or other obstruction in

the street. Holding the contractor criminally liable here may per-

haps be justified by the danger to the public.

27. It is recognised that the imposition of vicarious criminal liabil-

ity is a policy to be watched very carefully and used very sparingly.

28.

Section 21 gives the police power to arrest and prosecute for

offences against sections 78, 82, 185, 210 and 211 of the Public Health

Section 78 of that Ordinance pro-

and Buildings Ordinance, 1903.

hibits the sale outside market limits of articles of food usually sold

in markete. Section .82 prohibits the sale of unwholesome food.

Section186 prohibits stalls and other obstructions in private streets.

faction 210 deals with the precautions to be observed in connection

with blasting.

land.

Section 211 deals with earth-cutting, etc., on Crown

The necessity for the clause arises from the fact that sec-

tions 230 and 256 of the Ordinance in question appear to contemplate

only proceedings at the suit of the officers therein specified.

29.

Section 22 repeals a section of the principal Ordinance which

imposes increased penalties for second and subsequent offences. This

section was considered unnecessary in view of the general raising of

the maximum penalties which this Ordinance effects throughout the principal Ordinance.

30.

In my opinion this is an Ordinance to which His Excellency the

Governor may properly assent in the name of His Majesty and on His

behalf.

Attorney General.

J