XN000022-1991-09-11 — Page 12

WEDNESDAY, SEPTEMBER 11, 1991 ·

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IT IS THEREFORE PROPOSED THAT THE MAXIMUM PENALTIES FOR INDIVIDUAL OFFENDERS SHOULD BE INCREASED BY 100 PER CENT AND THOSE FOR CORPORATE OFFENDERS BY 200 PER CENT.

IN IMPLEMENTING THE NEW MEASURES, THE GOVERNMENT PROPOSES to ALLOW A REASONABLE LEAD TIME. MOST OF THE NEW MEASURES WOULD NOT COME INTO EFFECT UNTIL SIX MONTHS AFTER THE BILL IS PASSED. THOSE FOR PROHIBITION ON THE SALE OF CIGARETTES WITH A TAR CONTENT EXCEEDING MILLIGRAMS, THE REVISED DEFINITION OF CIGARETTE ADVERTISEMENT AND REVISED LEVELS OF PENALTY FOR CERTAIN OFFENCES WOULD COME INTO EFFECT

ONLY 12 MONTHS AFTER THE BILL IS PASSED.

THE

ALTERNATIVE PROCESS TO RESOLVE CONSTRUCTION CONTRACT DISPUTES

ALTERNATIVE DISPUTE RESOLUTION (ADR) WILL BE THE NORMAL METHOD OF RESOLVING DISPUTES IN ALL FUTURE ARCHITECTURAL SERVICES DEPARTMENT CONTRACTS WHICH IS IN LINE WITH THE GOVERNMENT POLICY TO ENCOURAGE THE USE OF THE DISPUTE RESOLUTION PROCESS ON CONTRACT PROJECTS, INCLUDING THE AIRPORT CORE PROJECTS.

THIS WAS STATED BY THE DIRECTOR OF ARCHITECTURÁL SERVICES, MR PAUL CORSER, AT A LUNCHEON

OF THE HONG KONG CONSTRUCTION ASSOCIATION TODAY (WEDNESDAY).

MEETING

HE NOTED THAT AS PUBLIC BUILDING PROJECTS HAD BECOME

BECOME LARGER THE AND MORE COMPLEX, THERE WOULD BE A GROWTH OF DISPUTES BETWEEN CONTRACTOR AND THE GOVERNMENT WHICH WOULD RESULT IN A DETERIORATION

AND CONTRIBUTE TO OF WORKING RELATIONSHIPS

COST OVER-RUNS ON

GOVERNMENT PROJECTS.

IN RESOLVING ARBITRATION ok

MR CORSER SAID ADR, WHICH WAS WIDELY AND SUCCESSFULLY USED THE UNITED STATES, WAS A FAST, INEXPENSIVE WAY OF

TO REFERRING CONSTRUCTION CONTRACT DISPUTES WITHOUT THE COURTS.

ADVANTAGES "ONE OF THE CHIEF MAINTAIN A GOOD NON-CONFRONTATIONAL JEOPARDISED IN AN ARBITRATION OR COURT HEARING," HE SAID.

OF ÅDR 19 THẮT THE PARTIES RELATIONSHIP, WHICH COULD

KONG THE HONG

GOVERNMENT MEDIATION

ВЕ

RULES ADR

RESOLUTION

TRY TO REACH A

ACCORDING TO ADMINISTRATED BY THE HỌNG KONG INTERNATIONAL ARBITRATION CENTRE, HAS VARIOUS FORMS AND IS "A VOLUNTARY, NON-BINDING DISPUTE PROCESS IN WHICH A NEUTRAL PERSON HELPS THE PARTIES NEGOTIATED SETTLEMENT”.

MR CORSER SAID THE THREE FORMS OF ADR WHICH HAD BEEN UTILISED BY THE ARCHITECTURAL SERVICES DEPARTMENT "MINI-TRIAL" AND USE OF A "DISPUTE RESOLUTION ADVISOR".

WERE

"MEDIATION", THE

/THE MEDIATION