XN000022-1986-07-30 — Page 35

WEDNESDAY, JULY 30, 1986

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+PRACTICAL PROBLEMS+ IN FIRE SERVICES LEGISLATION

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INDUSTRY IN HONG KONG RECOGNISES THE IMPORTANCE OF TAKING MORE EFFECTIVE PREVENTIVE ENFORCEMENT ACTION AGAINST FIRE HAZARDS BUT HAS IDENTIFIED SOME PRACTICAL PROBLEMS IN IMPLEMENTING THE PROPOSED AMENDMENTS TO THE FIRE SERVICES LEGISLATION, THE HON STEPHEN CHEONG SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

SPEAKING DURING THE RESUMED DEBATE ON THE FIRE SERVICES (AMENDMENT) (NO. 3) BILL 1986, MR CHEONG SAID THE INDUSTRIAL SECTOR WAS SUPPORTIVE OF THE PROPOSED AMENDMENTS.

HOWEVER, HE SAID THERE WERE SOME PRACTICAL PROBLEMS IN IMPLEMENTATION WHICH WOULD NEED FURTHER CONSIDERATION IN REFINEMENT BY THE FIRE SERVICES DEPARTMENT.

MR CHEONG SAID THAT TEMPORARY OBSTRUCTION OF CORRIDORS AND LIFT LOBBIES BY GOODS DURING THEIR COURSE OF MOVEMENT SHOULD BE DISTINGUISHED FROM OBSTRUCTION TO ESCAPE ROUTES BY GOODS IN STORAGE. ENFORCEMENT SHOULD AIM AT THE LATTER BUT NOT THE FORMER.

REFERRING TO COMMON AREAS IN MULTIPLE OWNERSHIP BUILDINGS HE SAID IT WOULD BE DIFFICULT TO IDENTIFY THE PARTY RESPONSIBLE FOR CAUSING A CERTAIN OBSTRUCTION.

HE EXPRESSED CONCERN ABOUT THE POSSIBLE VICTIMISATION OF PARTIES WHO WERE NOT THE OWNER OR OWNERS OF GOODS CAUSING THE OBSTRUCTION AND URGED THAT ENFORCEMENT STAFF SHOULD TAKE CARE TO ESTABLISH THE REAL CULPRIT AND AVOID THE TEMPTATION OF MAKING ARBITRARY ENFORCEMENT DECISIONS.

FINALLY, MR CHEONG NOTED THAT THERE MIGHT BE A SIGNIFICANT INCREASE OF COURT CASES RESULTING FROM THE INTRODUCTION OF DIRECT PROSECUTION AGAINST OBSTRUCTION AND BLOCKAGE OF ESCAPE ROUTES.

HE SUGGESTED THAT THE FIRE SERVICES DEPARTMENT SHOULD ESTABLISH PROCEDURES WHEREBY AGGRIEVED PARTIES COULD MAKE AN APPEAL BEFORE THE DEPARTMENT APPLIED FOR A COURT ORDER SO AS TO MINIMISE THE EXPENSE INCURRED BY COURT PROCEEDINGS.

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