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(b)
(c)
(d)
how it is to be assessed who is responsible in the event of falling masonry and tiles causing casualties or damages to property and whether any criminal charge can be preferred in such accidents;
whether there is any mechanism to monitor and check the safety of buildings whose external walls are covered with tiles; and whether there are any measures to prevent the occurrence of such accidents; and
whether it will consider prohibiting the laying of tiles on the external walls of buildings?
Answer
The answers to the four parts of this question are as follows:
(a)
(b)
No statistics regarding private buildings are kept. As regards Government buildings, no pedestrians were killed or injured as a result of masonry and tiles falling off the external walls in the past three years.
Generally, the Police and/or the Buildings Department are responsible for investigating cases of falling masonry or tiles which result in death or injury.
Maintenance of buildings is ordinarily the responsibility of the owner. Where an owners' corporation exists, it has a statutory duty to "maintain the common parts in good and serviceable repair and clean condition" under the Building Management Ordinance.
H
As regards criminal liability, if any, for allowing masonry or tiles to fall off the external walls of buildings, Section 4B(1) and 4B(2) of the Summary Offences Ordinance provide:
i.
If anything is dropped or allowed to fall from any building to the danger or injury of any person in or near a public place, the person who drops that thing or allows it to fall commits an offence and is liable to a fine of $10,000 and imprisonment for 6 months.