HONG KONG LEGISLATIVE COUNCIL 13 January 1988
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SECRETARY FOR LANDS AND WORKS: Sir, on average, 100 applications for avation permits are received and processed by the Highways Department each day. The average daily number of such works in progress throughout the Territory is about 1 100, and the average time taken between commencement of work and completion of permanent reinstatement of road surfacing is about 40 days.
Extensions of time for completion of the works are normally granted to the contractor where events occur which delay the progress of works, and which are outside the control of the contractor. The permittees are required to submit applications for extensions giving justifications for so doing. These include additional or extra works ordered after works have commenced, inclement weather and the effects thereof, delays to works by other parties, special traffic arrangements and so on. Such explanations are carefully scrutinised by the Highways Department before any extensions are granted.
With regard to public safety, proper lighting, signing and guarding have to be provided for excavation works by the permittees in accordance with regulation 20(d) of the 'Road Traffic (Traffic Control) Regulations' and the 'Code of Practice for the Lighting, Signing and Guarding of Road Works' which sets out a standard of good practice to enable the legal requirements to be met in a wide variety of circumstances. In addition, Highways Department participates with the police in joint site inspections by day or night of the standard of lighting and guarding on all roadworks. Non compliance would result in prosecution by the police under the Road Traffic Ordinance.
Organisations undertaking excavation works have a duty of care to nearby pedestrians. If they do not exercise this properly, by failing to ensure such matters as adequate guarding, signing and lighting, then in the event of injury to a pedestrian, they may be liable for negligence under common law. Subsequent damages may be awarded to the injured party.
MR. CHAN YING-LUN (in Cantonese): Sir, may I ask how many applications for delay are there and what measures are taken so that these projects will go ahead on time to prevent large-scale delay of such projects?
SECRETARY FOR LANDS AND WORKS: Sir, I cannot give you the numbers of extensions per year. I understand they are a relatively small proportion of the actual permits issued. In regard to ensuring that such extensions should not be indefinite, it is the function of the Highways Department to monitor the progress of works and it is also its function to ensure that no longer extension is given than is necessary.
MR. JACKIE CHAN (in Cantonese): Sir, in view of the fact that in order to meet the needs of the public and their own business expansion, public utility companies often maintain or renew their facilities under the ground. That gives rise to endless excavations. We have the Electric Company and then Towngas and then the