WEDNESDAY, FEBRUARY 5, 1986
12
+CLEARER INDICATION+ SOUGHT FROM CONSULTATION
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LEGCO MEMBERS WOULD LIKE TO SEE IN GOVERNMENT'S CONSULTATION EXERCISE A CLEAR INDICATION OF WHETHER OR NOT THE STAFF ASSOCIATIONS ACCEPT A PROPOSAL, RATHER THAN REGISTERING MERE ACQUIESCENCE, SO THAT THE RESPONSE MIGHT BE MORE ACCURATELY ASSESSED.
THIS WAS STATED BY THE HON MARIA TAM WHEN SPEAKING TODAY IN SUPPORT OF THE FIRE SERVICES (AMENDMENT)(NO. 2) BILL.
OUTLINING THE UNOFFICIALS STUDY OF THE BILL, SHE NOTED THAT THE PURPOSE OF THE BILL WAS TO BRING THE FIRE SERVICES IN LINE WITH THE RULES AND REGULATIONS APPLICABLE TO THE ROYAL HONG KONG POLICE FORCE IN THAT ANY OFFICER WHO HAD, BY HIS NEGLIGENCE OR DEFAULT, CAUSED ANY LOSS OR DAMAGE TO CERTAIN GOVERNMENT PROPERTIES WOULD BE ORDERED TO MAKE COMPENSATION TO THE GOVERNMENT.
UNDER CLAUSES 3 AND 5 OF THE BILL, IT WAS PROPOSED THAT: (A) WHERE A SUCCESSFUL DISCIPLINARY ACTION HAS BEEN BROUGHT AGAINST A SUBORDINATE OFFICER OR MEMBER OF OTHER RANKS, EITHER THE GOVERNOR OR THE DIRECTOR OF FIRE SERVICES MAY ORDER HIM TO PAY AS COMPENSATION A SUM OF LESS THAN ONE MONTH OF HIS SALARY.
(B)
(c)
WHERE THE DAMAGE TO GOVERNMENT PROPERTY IS OF A MINOR NATURE, AND NO DISCIPLINARY PROCEEDING IS REQUIRED, THE DIRECTOR MAY STILL ORDER AN OFFICER TO MAKE A COMPENSATION PAYMENT OF LESS THAN ONE MONTH'S SALARY. HOWEVER, UNDER CLAUSE 6 OF THE BILL, THIS OFFICER IS GIVEN THE RIGHT OF APPEAL AGAINST AN ORDER MADE BY THE DIRECTOR.
IN ORDER TO ESTABLISH A PERSON'S LIABILITY TO MAKE COMPENSATION, CLAUSE 3 PROVIDES THAT HE MAY ONLY BE ORDERED TO PAY COMPENSATION WHEN THE COSTS INCURRED BY THE GOVERNMENT ARISE AS A DIRECT RESULT OF THAT PERSON'S NEGLIGENCE OR FAULT.
IN SCRUTINIZING THE BILL, MISS TAM SAID, SOME MEMBERS WERE CONCERNED THAT A FIREMAN ENGAGED IN AN EMERGENCY OPERATION IN THE COURSE OF HIS DUTY SHOULD NOT BE HELD LIABLE FOR CAUSING DAMAGE TO HIS UNIFORM OR FIRE FIGHTING EQUIPMENT WHILE SOME WERE CONCERNED THAT ALTHOUGH THE JOINT COUNCIL ON STAFF RELATIONS HAD BEEN INFORMED OF THE PROPOSALS IN 1984 THEY HAD GIVEN NO RESPONSE TO INDICATE THEIR ACCEPTANCE.
A LEGCO