Bid for criminal sanctions falls flat
A proposal to make building professionals criminally responsible for negligence in industrial accidents was dropped last night.
An amendment by Edward Ho Sing-ting of the Liberal Party, who represents architects, surveyors and planners, to remove the clause in the Buildings (Amendment) No 3 Bill was passed without a division.
The original clause imposed maximum fines of $25,000 and up to three years' jail if they failed to supervise building works properly and that negligence leads to death or injury.
It was proposed after the 1994 collapse of the old Fortuna Hotel in Nathan Road, which killed six people.
Mr Ho said there were double standards since civil servants on government projects were exempted.
'The draft legislation, if adopted, will discourage professionals from joining the private sector,' he said.
Ip Kwok-him of the Democratic Alliance for the Betterment of Hong Kong said: 'The suggestion breaches the common law spirit that all people before law should be fairly treated.' Federation of Trade Unions chairman Cheng Yiu-tong said: 'Without the power to impose criminal sanctions, the Government will be like a 'tiger with no teeth'.' Acting Secretary for Planning, Environment and Lands Canice Mak Chun-fong argued that the bill exercised sufficient deterrent effect.
Mr Mak's amendment giving a year's grace after the law was introduced was eventually defeated by 45 to 10 votes.
A bill empowering the Commissioner for Labour to order contractors to stop work for safety reasons was passed into law.
