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Buildings and pedestrian crossings constructed or undergone major alteration since 1985 and 1981 respectively have to provide facilities to enable access by persons with a disability. The requirements are promulgated in a Design Manual available to building professionals. The Manual has just been updated and extended to designated common parts of domestic buildings. We are preparing legislative amendments to the Buildings Ordinance and the Codes of Practice issued by the Fire Services Department and the Electrical and Mechanical Services Department to enforce the obligatory requirements of the Manual. These policies would gradually enlarge the activity areas for disabled

persons.

In addition, s25 of the Disability Discrimination Ordinance stipulates that it is unlawful to discriminate against a person with a disability in relation to the provision of access to premises that the public or a section of the public is entitled or allowed to enter or use. It makes no reference to their years of construction. The section does not apply if the premises are so designed or constructed as to be inaccessible to a person with a disability and any alteration to the premises to provide for the access would impose unjustifiable hardship on the person who so discriminates the person with a disability. Upon receiving complaints from the public, the Equal Opportunities Commission would assist the parties concerned to determine, on a case by case basis, whether and what access should be provided. On the other hand, if a person feels he has been discriminated against, he may institute legal proceedings against such discrimination.

The answer to the question is two-fold. First, the Buildings Authority is empowered under $24 of the Buildings Ordinance to take action against unauthorised alteration to approved building works. The alteration of facilities provided for disabled persons falls into this category. The public can report to the Buildings Department such unauthorised alterations through the complaint hotline or in writing. The Buildings Authority can serve an order to require the owners to rectify the unauthorised alteration. Immediate enforcement actions will be taken where appropriate.

Second, there may be cases where the owner or the management agent of a premises ceases the usage of certain facilities designed for disabled persons. A complaint may be lodged with the Equal Opportunities Commission which will then investigate the case and endeavour to assist the relevant parties to reach a settlement by conciliation.