Full legislation
s.18
Onus of proving limits of what is practicable, etc.
(1)
In a proceeding for an offence under a provision in this Ordinance consisting
of a failure to comply with a duty or requirement to do something so far as is
necessary, where practicable, so far as is reasonably practicable, or so far as
practicable or to take all reasonable steps, all practicable steps, adequate steps
or all reasonably practicable steps to do something, the onus is on the accused to
prove that it was not necessary, not practicable or not reasonably practicable to do
more than was in fact done to satisfy the duty or requirement, or that he has taken
all reasonable steps, or practicable steps or done the appropriate thing to satisfy
the duty or requirement.
(2)
In a proceeding for an offence under a provision in this Ordinance consisting
of an exemption from compliance with a duty or requirement to do something where it
is impracticable, not reasonably practicable or rendered impracticable to comply
with that duty or requirement, the onus is on the accused to prove that it was
impracticable or not reasonably practicable to do more than was in fact done to
comply with the duty or requirement.
(3)
Subsections (1) and (2) do not apply where the offence is committed on or
before the commencement* of this section.