Who is liable?



ORIGINAL POST
Posted by chanel2007 18 yrs ago
Would like to know:


A staff in a company makes a terrible error in daily operations, resulting the immigration/customs of HKSAR now are investigating the company, and the staff involved.


The Managing director was completely NOT informed of any of this doing, would the MD be liable for any offence?


How about any shareholders of the company?


The staff did NOT intentionally make this mistake, but because of ignorance of the laws.


Please advise. Very worried.

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COMMENTS
chanel2007 18 yrs ago
thank you. That's what I presumed. Seeking legal advice from top notch lawyer already.


Explaining in court that it was a "genuine" mistake... is that EVER believed and taken into account of?


Just posting this to get more info and opinion from other's experience. What is the statistic of the MD having to go to jail and having a criminal record?


All evidence shows it's a genuine mistake because he didn't know it was illegal. Sigh. Hate to see him go to jail, or have criminal record. (the MD...)

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associates 18 yrs ago
Ignorance of the law is no excuses...however your understanding, or lack thereof, may be used in mitigation or better still in speaking with the relevant authority regarding HOW they might handle the matter...e.g. by a "Warning"...instead of by "Prosecution"....you should IMMEDIATELY instruct a lawyer....your time to deal logically with this enquiry is already moving....


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email : weirlaw@hongkonglaw.com

www.HongKongLaw.com/weirlaw



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