WEDNESDAY, JANUAIS .-1984
18
MR CHING ALSO SAID HE WAS INFORMED THAT A MAJOR CLEARANCE OPERATION HAD BEEN CARRIED OUT LAST YEAR AND THERE WERE NOW NO ILLEGAL COOKED FOOD STALLS IN THE INDUSTRIAL AREAS OF KWUN TONG.
HOWEVER, A SMALL NUMBER OF ILLEGAL OPERATORS MIGHT OCCASIONALLY TRADE AT THE RISK OF BEING PROSECUTED, HE ADDED.
A SIMILAR CLEARANCE OPERATION HAD STARTED LAST MONTH IN THE NON-INDUSTRIAL AREAS OF KWUN TONG, WHERE THERE WERE 23 ILLEGAL COOKED FOOD STALLS, HE SAID.
CONTRACTORS CAN BE SUSPENDED FOR CONTRACT BREACHES
***
A CONTRACTOR WHO BREACHES THE TERMS OF A CONTRACT CAN BE SUSPENDED FROM TENDERING, THE SECRETARY FOR LANDS AND WORKS, MR NICKY CHAN, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MR CHAN WAS REPLYING TO A QUESTION FROM THE HON ANDREW SO, CONCERNING CONTRACTORS WHO FAIL TO OBSERVE NOISE, SAFETY AND OTHER REGULATIONS AT PUBLIC CONSTRUCTION WORKS SITES.
MR CHAN SAID THE GENERAL CONDITIONS OF CONTRACT USED BY THE LANDS AND WORKS GROUP OF DEPARTMENTS REQUIRED THE CONTRACTOR TO COMPLY WITH ALL ENACTMENTS AND REGULATIONS AND TO CARRY OUT THE WORKS IN STRICT ACCORDANCE WITH THE CONTRACT.
+FAILURE TO OBSERVE REGULATIONS WOULD THEREFORE TECHNICALLY BE A BREACH OF CONTRACT.
+THE ONLY REMEDY UNDER THE TERMS OF THE CONTRACT IN RESPECT OF SUCH A BREACH, HOWEVER, IS RE-ENTRY, BUT UNLESS THE RECALCITRANCE OF A CONTRACTOR IN FAILING TO OBSERVE REGULATIONS HAD BEEN EXTREME IT IS UNLIKELY THAT THE SEVERE, COSTLY AND TIME-CONSUMING REMEDY OF RE-ENTRY WOULD BE INVOKED, + HE SAID.
ADMINISTRATIVELY, HOWEVER, IT WAS POSSIBLE TO PENALISE AN OFFENDING CONTRACTOR BY SUSPENDING HIM FROM TENDERING, MR CHAN TOLD THE COUNCIL.
WITH REGARD TO BREACHES OF THE LEGISLATION ON CONSTRUCTION NOISE, ALL CONTRACTORS ON LANDS AND WORKS BRANCH APPROVED LISTS HAD BEEN WARNED THAT, IF THEY OR THEIR EMPLOYEES OR SUB-CONTRACTORS WERE CONVICTED OF AN OFFENCE MORE THAN ONCE IN 12 MONTHS ON PUBLIC WORKS OR PRIVATE SECTOR CONTRACTS, THEY WOULD BE SUSPENDED FROM TENDERING FOR A TERM TO BE DECIDED IN THE LIGHT OF THE CIRCUMSTANCES. PERSISTENT OFFENCES MIGHT MERIT MORE SEVERE SANCTIONS.
A CONTRACTOR'S PAST PERFORMANCE, INCLUDING ANY KNOWN OFFENCES OF THE TYPE MR CHAN HAD MENTIONED, WAS REFLECTED IN HIS RECORDS, WHICH WERE MAINTAINED BY THE LANDS AND WORKS BRANCH AND CONSULTED WHEN NEW CONTRACTS WERE BEING CONSIDERED.