TNAG-1723-FCO40-2436-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 142

With regard to

To ensure public safety, proper lighting,

signing and guarding have to be provided for excavation works by the permittees in accordance with fegulation 20 be. (d) of the Road Traffic (Traffic Control) Regulations

and the "Code of Practice for the Lighting, Signing and Guarding of Road WorksTM which sets out a standard of good practice to enable the legal requirements to be met in a wide variety of circumstances. In addition, Highways Department participates with the Police in joint site inspections day and night of the standard of lighting and guarding on all roadworks. Non compliance would result in prosecution by the police under the Road Traffic l

Ordinance.

Organisations undertaking excavation works

have a duty of care to nearby pedestrians. If they do not

exercise this properly, by failing to ensure such matters as adequate guarding, signing and lighting, then in the event of injury to a pedestrian, they may be liable for negligence under common law. Subsequent damages may be awarded to the injured party.

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