||Title:||Toys and Children's Products Safety Ordinance||Gazette Number:|
|Section:||25||Heading:||Defence of due diligence||Version Date:||30/06/1997|
(1) In any proceedings against a person for an offence under section 3, 5, 8, 10, 11, 12 or 13 or a regulation made under section 35, it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2) Where in any proceedings the defence provided by subsection (1) involves an allegation that the commission of the offence was due-
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than 7 clear working days before the hearing of the proceedings, he has served a notice on the person bringing the proceedings giving such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
(a) to the act or default of another person; or
(b) to reliance on information given by another,
(3) A person shall not be entitled to rely on the defence provided by subsection (1) by reason of his reliance on information supplied by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular-
(4) A court, in making a decision on the defence provided under subsection (1), may take into consideration the existence of a certificate from an approved laboratory under section 9(2) showing that samples of the toy or children's product which is the subject of the prosecution had been tested before being sold and had complied with the safety standard specified in the certificate.
(a) to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
(b) to whether he had any reason to disbelieve the information.