Singapore legislation
Clause 86
Clause 86
Power of occupier or owner to exempt himself from liability
(1)
Where the occupier or owner of a factory is charged with an offence under this Act, he shall be entitled, upon a charge duly made by him and on giving to the prosecution not less than three days’ notice in writing of his intention, to have any other person whom he charges as the actual offender (whether or not that person is his agent or servant) brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or owner of the factory proves to the satisfaction of the court —
that he has used all due diligence to enforce the execution of this Act and of any relevant regulation, rule or order made thereunder; and
that the said other person had committed the offence in question without his consent, connivance, or wilful default,that other person shall be convicted of the offence and the occupier or owner shall not be guilty of the offence, and the person so convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings.The prosecution shall have the right in any such case to cross-examine the occupier or owner if he gives evidence and any witnesses called by him in support of his charge, and to call rebutting evidence.
(2)
When it is made to appear to the satisfaction of an inspector at the time of discovering an offence —
that the occupier or owner (as the case may be) of the factory has used all due diligence to enforce the execution of this Act and of any relevant regulation, rule or order made thereunder; and
by what person the offence has been committed; and
that it has been committed without the consent, connivance, or wilful default of the occupier or owner and in contravention of his orders,the inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the occupier or owner of the factory.
(3)
In determining for the purposes of the provisions of Part V with respect to prime movers, transmission machinery, and other machinery, whether any part of machinery is in such a position as to be as safe to every person employed or working on the premises as it would be if securely fenced, no account shall be taken of any person approaching such part if it can be shown to the satisfaction of the court —
that the occupier or owner (as the case may be) of the factory has used all due diligence to enforce the execution of this Act and of any relevant regulation, rule or order made thereunder; and
that the approach was made without the consent, connivance or wilful default of the occupier or owner and in contravention of his orders; and
that the act of approaching was of such a nature as to amount to serious and wilful misconduct on the part of the person doing such act.