Does the construction company bear criminal liability?

Does the construction company bear criminal liability?

According to section 3 of the Interpretation and General Clauses Ordinance (Cap. 1), “person” in all legislations includes any public body and any body of persons, corporate or unincorporate. Therefore, if the construction company commits strict liability offences prescribed by law, for example, if a responsible person in a company failed to comply with section 13 of the Occupational Safety and Health Ordinance (Cap. 509) regarding workplace safety, the company may incur criminal liability. The maximum fine penalty is a fine at level 6. Furthermore, if the company engages in serious misconduct such as fraud or corruption, it may also face criminal liability. 

However, this type of offense requires the prosecution to prove that the company has both the actus reus (the guilty act) and mens rea (the guilty mind). Hence, there must be evidence to prove that any person in the company has a directing mind and will, and that person’s actions and intentions can be seen as the company’s actions and intentions. For example, whether a director directly engaged in fraud or corruption etc. 

If the company failed to comply with fire safety regulations during construction or maintenance, resulting in a fire that causes death or serious injury, such gross negligence may constitute criminal liability. If the company or its senior management knowingly undertakes such high-risk operations despite significant danger or deliberately conceals safety issues for profit, they may be charged with more serious offences, or even manslaughter.