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HONG KONG URBAN COUNCIL
I must say I very much welcome the interest being shown by the magistrates which could be of enormous help to us.
(7) DR. A. M. S. BELL asked the following question:-
Is the Chairman aware that the light at the stairway leading to the tunnel at Connaught Road South was out of action for at least 1 week? Who is responsible for the maintenance of this light? Who would be liable if there was an accident to a person because of no light on this stairway in the event of civil action?
THE DIRECTOR OF PUBLIC WORKS replied as follows:-
By an arrangement made in 1962 the staff of the Government Car Park in the Star Ferry Concourse undertake periodical inspection of the lights of the pedestrian subway under Connaught Road and any faults are reported to the Government Electrical and Mechanical Engineer, who is responsible for the maintenance of the electrical installation.
On receipt of Dr. BELL's question an inspection of the subway was made on 27th November and a faulty lamp on the stairway on the south side of Connaught Road leading to the Mandarin Hotel was found. It was replaced on 29th November.
In regard to the second part of the question, I am afraid I am not competent to express any opinion or give advice on legal matters.
DR. A. M. S. BELL:- Mr. Chairman, a supplementary question. Are you aware that the light, within the last four months, no, three months—has been off on three different occasions?
CHAIRMAN:- I was not aware of that fact.
DR. BELL:- Mr. Chairman, have you asked the staff of the Government car park at the Star Ferry to keep a closer watch on these lights in the future?
CHAIRMAN:- The staff, I am assured, make a daily inspection of that particular under-pass and all its lights, and carry out their obligations on the agreement reached with the Public Works Department to the full. Frequent reports are made to the Electrical and Mechanical Office regarding the need to replace lights. The work schedule has actually been checked on the number of reports which have been made of this nature.
HONG KONG URBAN COUNCIL
419
DR. BELL:- Mr. Chairman, may I suggest one, that nightly check of lights be made rather than daily ones because they are easier to see at night; and secondly, are you suggesting that there is not close liaison between the staff of the car park and the staff of the Electrical and Mechanical Office of the Public Works Department?
CHAIRMAN:- When I said once a day, I meant once in twenty-four hours. Presumably they check the lights when they are on.
I have no reason to doubt there is not good liaison between the two departments and I am astonished at your question suggesting that the light was out of action for at least a week. I cannot find any good reason for this and I find it difficult to account for it.
DR. BELL: I am sorry Mr. Chairman. On a point of clarification, why are you astonished at my question when in fact the light was out of action for a while. Are you suggesting that it wasn't?
CHAIRMAN:- No, I am not at all. I am merely saying I am astonished since daily reports are made. Inspections are carried out and if the defects are there they are reported.
DR. BELL: Well I hope it is quite clear now that there was a defect there for a week and it wasn't reported. May I have an answer to the second part of my question. If the Director of Public Works is not competent to give an answer, Mr. Chairman, can you get somebody else who is competent to give me an answer?
DIRECTOR OF PUBLIC WORKS:- I can merely say, Mr. Chairman, that the answer I gave was after seeking the advice of the Legal Department. (Laughter).
DR. BELL:- Was the Legal Department not competent to give the answer. Is that what Mr. WRIGHT means?
CHAIRMAN: I assume Mr. WRIGHT was advised by the Legal Department to reply to you in those terms.
DR. BELL:- Was the Legal Department perhaps afraid that they might be committing themselves in some way or committing Government? I am asking this purposely because I am suggesting that it is quite possible for someone in the darkness of that stairway to fall and break a leg, and if this should happen to myself—and I wish sometimes it would I would be delighted to bring a case in court and sue for maintenance in hospital and for any loss of finance to myself during that time, and I imagine this would be the case of anybody who fell down these steps and injured themselves. I think it is important that the matter should receive attention and that we should know who is liable.
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Page 220 of 382
418
HONG KONG URBAN COUNCIL
I must say I very much welcome the interest being shown by the magis- trates which could be of enormous help to us.
(7) DR. A. M. S. BELL asked the following question:-
Is the Chairman aware that the light at the stairway leading to the tunnel at Connaught Road South was out of action for at least 1 week? Who is responsible for the main- tenance of this light? Who would be liable if there was an accident to a person because of no light on this stair- way in the event of civil action?
THE DIRECTOR OF PUBLIC WORKS replied as follows:-
By an arrangement made in 1962 the staff of the Govern- ment Car Park in the Star Ferry Concourse undertake periodical inspection of the lights of the pedestrian sub- way under Connaught Road and any faults are reported to the Government Electrical and Mechanical Engineer, who is responsible for the maintenance of the electrical installation.
On receipt of Dr. BELL's question an inspection of the subway was made on 27th November and a faulty lamp on the stairway on the south side of Connaught Road leading to the Mandarin Hotel was found. It was replaced on 29th November.
In regard to the second part of the question, I am afraid I am not competent to express any opinion or give advice on legal matters.
DR. A. M. S. BELL:-Mr. Chairman, a supplementary question. Are you aware that the light, within the last four months, no, three months-has been off on three different occasions?
CHAIRMAN: -I was not aware of that fact.
DR. BELL:-Mr. Chairman, have you asked the staff of the Government car park at the Star Ferry to keep a closer watch on these lights in the future?
CHAIRMAN: --The staff, I am assured, make a daily inspection of that particular under-pass and all its lights, and carry out their obliga- tions on the agreement reached with the Public Works Department to the full. Frequent reports are made to the Electrical and Mechanical Office regarding the need to replace lights. The work schedule has actually been checked on the number of reports which have been made of this nature.
HONG KONG URBAN COUNCIL
419
DR. BELL:-Mr. Chairman, may I suggest one, that nightly check of lights be made rather than daily ones because they are easier to see at night; and secondly, are you suggesting that there is not close liaison between the staff of the car park and the staff of the Electrical and Mechanical Office of the Public Works Department?
CHAIRMAN: -When I said once a day, I meant once in twenty-four hours. Presumably they check the lights when they are on.
I have no reason to doubt there is not good liaison between the two departments and I am astonished at your question suggesting that the light was out of action for at least a week. I cannot find any good reason for this and I find it difficult to account for it.
DR. BELL: I am sorry Mr. Chairman. On a point of clarifica- tion, why are you astonished at my question when in fact the light was out of action for a while. Are you suggesting that it wasn't?
CHAIRMAN: ---No, I am not at all. I am merely saying I am astonished since daily reports are made. Inspections are carried out and if the defects are there they are reported.
DR. BELL: Well I hope it is quite clear now that there was a defect there for a week and it wasn't reported. May I have an answer to the second part of my question. If the Director of Public Works is not competent to give an answer, Mr. Chairman, can you get somebody else who is competent to give me an answer?
DIRECTOR OF PUBLIC WORKS:-I can merely say, Mr. Chairman, that the answer I gave was after seeking the advice of the Legal Depart- ment. (Laughter).
DR. BELL-Was the Legal Department not competent to give the answer. Is that what Mr. WRIGHT means?
CHAIRMAN: I assume Mr. WRIGHT was advised by the Legal Department to reply to you in those terms.
DR. BELL:-Was the Legal Department perhaps afraid that they might be committing themselves in some way or committing Govern- ment? I am asking this purposely because I am suggesting that it is quite possible for someone in the darkness of that stairway to fall and break a leg, and if this should happen to myself—and I wish some- times it would I would be delighted to bring a case in court and sue for maintenance in hospital and for any loss of finance to myself during that time, and I imagine this would be the case of anybody who fell down these steps and injured themselves. I think it is important that the matter should receive attention and that we should know who is liable.
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