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To ensure that supervision plans are complied with, we recommend a three-tier sanction system. Minor deviations from the supervision plan may entail administrative warnings given by the Building Authority. Material deviations or repeated minor deviations will be made a disciplinary offence. Material deviations which directly result in injury to persons or damage to property, or a risk of injury or damage will be made a criminal offence. However, provisions will be made for exceptional circumstances when urgent action is required for safety reasons, to permit deviations from the supervision plan.

The Building Authority will be empowered to order works to cease when the condition of the approval or consent given by him has not been, or is not able to be, complied with, or when there is material deviation from the technical memorandum or the supervision plan which may lead to a dangerous or potentially dangerous situation.

I am, like the Hon Arculli, pleased to note that the Bills Committee has indicated support for all but one of the amendments to be moved by me, i.e. criminal sanction provisions when material deviations from the supervision plan directly result in injury to persons, or damage to property, or a risk of injury or damage. I will further explain the views of the Administration and clarify any misunderstanding like those expressed by the Hon Albert Chan and the Hon Mr Yip Kwok-him about government architects and engineers not subject to criminal sanction on the issue during the committee stage.

Thank you, Mr President.

End

Buildings (Amendment) Bill

Following is a speech by the acting Secretary for Planning, Environment and Lands, Mr Canice Mak, in moving the second reading of the Buildings (Amendment) Bill 1996 in the Legislative Council today (Wednesday):

Mr Deputy President,

I would like to thank the Honourable Mr Albert Chan, Chairman of the Bills Committee, and other Members for supporting this Bill and the Committee Stage Amendments that I will propose.