Weights and Measures Ordinance, 1951, section 23-Whether employer criminally liable for act of employee-Mens rea.
Case summary
The employee of the appellant, acting on the appellant’s behalf and in the course, and within the scope of his (the employee’s) employment, made false statements by way of invoices as to the weight of rice sold by him. The appellant, who did not know of the transactions, was convicted.
Held (1st December 1956):
Section 23 of the Weights and Measures Ordinance creates an absolute liability. No mens rea is required, and an employer is liable under the section for the act of his servant in breach of the section when the act is committed by the servant on his master’s behalf and in the course of and within the scope of his employment.
Appeal dismissed.
Cases referred to: Mousell Bros. v. L. & N.W. Rly. (1917) 2 K.B. 836; Brentnall and Cleland Ltd. v. L.C.C. (1945) K.B. 115; Linnell v. Commissioner of Police for the Metropolis (1946) 1 All E.R. 380; Gardner v. Akeroyd (1952) 2 Q.B. 749; Commissioner of Police v. Cartman (1896) 1 Q.B. 655.
