XN000022-1996-06-25 — Page 8

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"The responsibilities of the parties concerned in the supervision system, including that of contractors, site agents, work supervisors, building professionals and any persons carrying out building works, will be defined in a way reflecting their actual roles on sites," the spokesman said.

The supervision plan will also set out the management structure required to ensure site safety.

To facilitate the design of the detailed supervision requirements, the Building Authority will issue technical guidelines and code of practice.

There will be three levels of sanctions for deviations from a supervision plan:

i)

for minor deviations, the Building Authority will give administrative warnings;

ii)

for material deviations or repeated minor deviations, the relevant parties may be subject to an investigation by a disciplinary board;

iii)

for material deviations, which directly results in injury or damage or a risk of injury or damage, the responsible persons will be subject to criminal prosecution and a maximum fine of $250,000 and imprisonment for three years on conviction.

The spokesman said the Administration was of the view that in order to ensure safety at construction sites, there was a genuine need to administer criminal sanction against the relevant parties who failed their legal responsibilities resulting in or risking injury and damage.

"Nevertheless, the Government will adopt a pragmatic approach," the spokesman said.

"Provisions relating to criminal offences and penalties will come into effect one year after the commencement date of the Bill to allow time for the industry to familiarise them with the requirements of the supervision plan system."

End