TNAG-1449-FCO40-1953-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1986 — Page 8

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Secondly, where multi-storey buildings under multiple

ownership are concerned, common areas are collectively owned and hence it may be difficult to identify the party responsible for

The unit in closest proximity to causing a certain obstruction.

We are

the obstruction may not necessarily be the culprit. therefore concerned about the possible victimization of parties who are not the owner(s) of the goods which cause the

obstruction.

Thus, enforcement staff must take care to establish

the correct culprit and should avoid the temptation of making

arbitrary enforcement decisions.

Finally, Sir, with the introduction of direct

prosecution against obstruction to and the locking of escape routes, the number of cases to be taken to court may increase significantly. As it is in the public interest to minimise expenses incurred as a result of court proceedings, it might perhaps be helpful if procedures within the Fire Services Department can be established whereby aggrieved parties can make an appeal before the Department apply for a court order.

With these remarks, Sir, I have pleasure in supporting

the Motion.