TNAG-0676-FCO40-825-Legislation-for-summary-offences-in-Hong-Kong-1977 — Page 23

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Ord. No. 61/77 Summary OFFENCES (AMENDMENT) (NO. 2)

L.S.

HONG KONG

No. 61 OF 1977

I assent.

Short title.

Amendment of section 4.

(Cap. 228.)

Addition of

MURRAY MACLEHOSE,

Governor.

28th July, 1977.

An Ordinance to amend the Summary Offences Ordinance.

[29th July, 1977]

Enacted by the Governor of Hong Kong, with the advice and con- sent of the Legislative Council thereof.

1. This Ordinance may be cited as the Summary Offences (Amend- ment) (No. 2) Ordinance 1977.

2. Section 4 of the principal Ordinance is amended by deleting subsection (26).

3. The principal Ordinance is amended by adding after section 4A new section 4B. the following new section-

"Objects dropped from buildings.

4B. (1) If anything is dropped or allowed to fall from any building to the danger or injury of any person in or near a public place, the person who drops that thing or allows it to fall commits an offence and is liable to a fine of $10,000 and imprisonment for 6 months.

(2) If anything is dropped or allowed to fall from any building in the course of the construction, repair or decora- tion of the building or part thereof, to the danger or injury of any person in or near a public place, the principal contractor on the site and the contractor carrying out the construction, repair or decoration commits an offence and is liable to a fine of $50,000 and imprisonment for one year.

(3) It shall not be a defence to a charge against a contractor under subsection (2) that the person who dropped the thing or allowed it to fall has not been prosecuted or that the thing was dropped or allowed to fall without the consent or knowledge of the contractor, but a contractor so charged shall not be convicted if he proves to the satisfaction of the court that he could not reasonably have prevented the thing being dropped or allowed to fall to the danger or injury of any person in or near a public place or that reasonable measures had been taken by him or another person to prevent such an occurrence.".

Passed by the Hong Kong Legislative Council this 27th day of July,

1977.

L. TSE,

Clerk to the Legislative Council.