RESTRICTED
For discussion
en 7th Juhe 1977 RECEIVED
XCR(77)167 Copy No
71
MEMORANDUM FOR EXECUTIVE COUNCIL
2 0 JUN 1977
NXK370/2
Mi
SUMMARY OFFENCES (AMENDMENT) (NO 3) BILL 1977
to see
Background
Section 4(26) of the Summary Offences Ordinance (Chapter 228) provides that any person who wilfully or negligently drops or allows to fall any building material or other thing to the damage or danger of any person is liable to a fine of $500 or impri- sonment for 3 months.
2
This provision has proved inadequate for the protection of the public from objects dropped from buildings. The main reasons for this appear to be twofold, firstly the inadequacy of the penalty, and secondly the difficulty of establishing the identity of offenders.
Proposals
3
The Summary Offemes (Amendment) (No 3) Bill annexed to this memorandum seeks to remedy this by replacing section 4(26) with a new section 4A strengthened in the following respects. Firstly, by increasing the maximum penalty for dropping objects to a fine of $10,000 and imprisonment for one year. Secondly by making, in addition to the persons who drop things, occupiers and contractors also vicariously liable and guilty of an offence in respect of things dropped from their premises or construction works, unless they can prove that reasonable measures had been taken to prevent the commis- sion of such offences or that they could not reasonably have prevented the occurrence. The penalty proposed is the same as that applying to persons who themselves drop things, save that contractors will be liable to the higher maximum fine of $50,000. It is hoped that these new provisions will have a significant deterrent effect.
Publicity and public relations
4
There will be a press release to draw attention to the new legislation and favourable publicity can be expected. The public and the news media have in the past been very critical of injuries caused by objects dropped from buildings and have called for the type of legislation now being introduced.
G.S. 84
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