||Title:||ENTERTAINMENT SPECIAL EFFECTS ORDINANCE||Gazette Number:||L.N. 35 of 2001|
|Section:||50||Heading:||Liability of holder of licence or permit for offences committed by his employees and agents||Version Date:||16/03/2001|
(1) Subject to this section, where it is proved to the satisfaction of a court that an offence against this Ordinance has been committed by any employee or agent of any person holding any licence or permit issued under this Ordinance, such person shall, unless-
also be held to be liable for such offence and to the penalty provided therefor.
(a) the offence was committed without his knowledge or consent; and
(b) he had exercised all due diligence to prevent the commission of the offence,
(2) No such person shall be sentenced to imprisonment (except in default of payment of a fine) for any offence under this section.
(3) Nothing in this section shall be deemed to exempt the employee or agent from the penalties provided for the offence committed by such employee or agent.
(4) In any proceedings against the person in relation to which subsection (1) is alleged to apply, it shall, in relation to the offence against this Ordinance concerned committed by the employee or agent concerned of the person, be presumed, in the absence of evidence to the contrary, that-
(a) the offence was committed with the knowledge and consent of the person; and
(b) the person did not exercise all due diligence to prevent the commission of the offence.