TNAG-0676-FCO40-825-Legislation-for-summary-offences-in-Hong-Kong-1977 — Page 48

2

or injury of any person in or near a

public place, the principal contractor

on the site and the contractor carrying

out the construction, repair or decoration

commits an offence and is liable to a fine

of $50,000 and imprisonment for one year.

(3) It shall not be a defence to a

charge against an occupier under subsection

(1) nor against a contractor under sub-

section (2) that the person who dropped

the thing or allowed it to fall has not

been prosecuted or that the thing was

dropped or allowed to fall without the

consent or knowledge of the occupier or

contractor, as the case may be, but an

occupier or contractor so charged shall

not be convicted if he proves to the

satisfaction of the court that he could

not reasonably have prevented the thing being dropped or allowed to fall to the

danger or injury of any person in or near

a public place or that reasonable measures had been taken by him or another person

to prevent such an occurrence."