XN000022-1989-12-13 — Page 19

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WEDNESDAY, DECEMBER 13, 1989

"FIRSTLY, A GENERAL DUTY IS IMPOSED ON

PROPRIETORS TO ENSURE THE HEALTH AND SAFETY OF THEIR EMPLOYEES, ATTRACTING, IN CASE OF BREACH, A FINE AS WELL AS A CUSTODIAL SENTENCE.

"SECONDLY. EMPLOYEES THEMSELVES ARE CHARGED WITH THE DUTY OF TAKING REASONABLE CARE FOR THE HEALTH AND SAFETY OF THEMSELVES AND OTHERS THAT MAY BE AFFECTED BY THEIR ACTS OR OMISSIONS, ATTRACTING IN CASE OF BREACH A FINE, AND IN CASE OF WILFUL BREACH WITHOUT REASONABLE EXCUSE. A FINE AS WELL AS A CUSTODIAL SENTENCE.

[I]

"THIRDLY, AMENDMENTS ARE MADE ΤΟ SUBSIDIARY LEGISLATION то INTRODUCE CUSTODIAL PENALTIES TO OFFENCES WHICH HITHERTO ONLY ATTRACTED A FINE."

MRS LAU NOTED THAT THE BILL HAD AROUSED STRONG REACTIONS FROM BOTH PROPRIETORS AND EMPLOYEES.

THE MAIN COMPLAINT OF PROPRIETORS WAS ᎢᎻᎪᎢ .

APART FROM THE CATCH-ALL DEFINITION OF THE TERM "PROPRIETOR". IT WAS UNFAIR UNCONSCIONABLE TO IMPOSE CUSTODIAL PENALTIES ON THEM, SHE SAID.

AND

IN

SHE SAID THE PROPRIETORS ALSO COMPLAINED OF THE DISPARITY TREATMENT BETWEEN THEM AND THE EMPLOYEES THAT EMPLOYEES WOULD BE LIABLE TO A CUSTODIAL SENTENCE ONLY IF THEIR ACTS OR OMISSIONS WERE PROVEN TO BE WILFUL. WHEREAS PROPRIETORS WOULD BE LIABLE TO SUCH PENALTIES EVEN IF SUCH WILFUL ELEMENT WAS ABSENT.

MRS LAU STRESSED THAT THERE WAS NO DOUBT THAT THE SPIRIT THE LAW WAS TO PROMOTE INDUSTRIAL SAFETY BUT EQUALLY IMPORTANT WAS ENSURE THAT OUR LAWS WERE JUST AND EQUITABLE.

OF

ΤΟ

INSISTING THAT TO GROUND LIABILITY FOR CUSTODIAL PENALTIES AGAINST SOME ONE WHO MIGHT NOT BE THE TRUE CULPRIT WAS GROSSLY UNFAIR, MRS LAU SAID SHE WAS PLEASED THAT THE ADMINISTRATION WAS NOW PREPARED TO NARROW DOWN THE WIDTH OF THE DEFINITION OF "PROPRIETOR" AND TO ACCEPT THAT A "REASONABLE EXCUSE" ELEMENT BE BUILT INTO THOSE PROVISIONS WHICH CARRIED WITH THEM STRICT LIABILITY.

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"THE ADMINISTRATION IS ALSO PREPARED TO ACCEPT INCLUSION OF A 'WILFUL AND WITHOUT REASONABLE EXCUSE ELEMENT IN THE PROVISION RELATING TO THE GENERAL DUTIES OF THE PROPRIETOR INSOFAR AS THE SAME ATTRACTS A CUSTODIAL PENALTY.' SHE ADDED.

E

MRS LAU CALLED ON THE GOVERNMENT то ENCOURAGE THE ESTABLISHMENT OF IN-PLANT SAFETY COMMITTEES IN

INDUSTRIAL

UNDERTAKINGS SO THAT PROPRIETORS AND EMPLOYEES COULD PUT THEIR HEADS TOGETHER TO FORMULATE SAFETY RULES PERTAINING TO THEIR OWN INDUSTRY.

SHE SAID THE ADMINISTRATION SHOULD ALSO RENDER AS MUCH GUIDANCE AND ASSISTANCE AS POSSIBLE TO MEMBERS OF THE INDUSTRY, SO AS TO ENSURE THAT NO UNDUR HARDSHIP WOULD BE CAUSED.

/AS REGARDS