HONG KONG LEGISLATIVE COUNCIL-3 February 1988
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Mutual aid committees (MACS) are not bodies corporate. They not therefore capable of being sued independently of their office-bearers, who may be jointly and severally liable for acts purported to be made on behalf of the MAC. But in normal circumstances, so long as they act in good faith and exercise reasonable diligence, MAC office-bearers should not incur legal liabilities in discharging their duties.
As regards Mr. POON Chi-fai's second question, an explanatory pamphlet printed in English and Chinese is freely available at all district offices to those interested in the work of OCs and how they are formed. This pamphlet sets out in layman's terms the main provisions of the Multi- Storey Buildings
Buildings (Owners Incorporation) Ordinance, including those relating to the appointment of a management committee and to its powers and duties. From time to time, many district offices organise building management seminars for OCs and MACs. Various aspects of building management are covered in these seminars, including the obligations of OC and MAC office-bearers. Where there are doubts on specific legal points, individual OCs or MACS are advised to seek legal advice. In this connec- tion, a total of 106 inquiries were referred by the district offices in 1987 to the Free Legal Advice Scheme operated by the Law Society of Hong Kong.
As regards the third question, it is not within Government's power by legislation or otherwise to prevent a person from being joined as a party to civil proceedings. If a person believes that he should not have been made a party to proceedings he may apply under the Rules of the Supreme Court for the proceedings against him to be discontinued.
However, as explained earlier, in normal circumstances, OC and MAC office-bearers should not incur any personal legal liabilities in the course of their duties so long as they act in good faith and exercise reasonable diligence in discharging their duties.
The Government will through the liaison network of the district offices explain the above to OC and MAC office-bearers and will continue to give them all the support and assistance possible.
Government Business
First Reading of Bill
SOCIAL WORK TRAINING FUND (AMENDMENT) BILL 1988
Bill read the First time and ordered to be set down for Second Reading pursuant to Standing Order 41(3).
No comments yet.
Private notes are available after approval.