Hong Kong Ordinances

LAND (MISCELLANEOUS PROVISIONS) ORDINANCE - SECT 10T

Provision of safety precautions and support

(1) The permittee and nominated permittee of an excavation permit or
emergency excavation permit shall—

   (a)  adopt all necessary safety precautions to protect the public or any
        person making or maintaining an excavation to which the permit relates
        from any danger or injury;

   (b)  provide adequate support for the structural stability of buildings,
        roads, slopes, structures, pipes, lighting posts, utility services or
        similar installations adjacent to the excavation so as to prevent the
        public or any person from being endangered by a fall or displacement
        of earth, rock or other material.

(2) Where there is a permittee and no nominated permittee and subsection (1)
is contravened, the permittee shall be guilty of an offence and shall be
liable on conviction to a fine of $200000.

(3) Where there is a permittee and a nominated permittee and subsection (1) is
contravened, both the permittee and the nominated  permittee shall each be
guilty of an offence and shall each be liable on conviction to a fine of
$200000.

(4) It is a defence in a proceeding against a person for an offence under
subsection (2) or (3) if the person charged shows that he took all reasonable
steps and exercised all due diligence to avoid committing the offence.

(5) A court may, in making a decision on the defence provided under subsection
(4), take into consideration that a person charged with an offence under
subsection (2) or (3) has—

   (a)  hired a competent person to supervise the excavation concerned;

   (b)  a documented system for supervising the excavation concerned,
        including but not limited to a system which—

        (i)    is managed by a competent person; and

        (ii)   requires inspection of the excavation to ensure compliance with
               duties imposed under subsection (1) and record of such
               inspection;

   (c)  a documented system to ensure his contractor complies with the duties
        imposed under subsection (1);

   (d)  taken other reasonable steps.

(6) For the purpose of subsection (5), "competent person" (合資格人士)
means a person who is registered as—

   (a)  a registered architect under the Architects Registration  Ordinance (
        Cap 408);

   (b)  a registered professional engineer under the Engineers 
        Registration Ordinance ( Cap 409) and is within a discipline which is
        relevant to the excavation concerned or the works within that
        excavation;

   (c)  a registered professional surveyor under the Surveyors 
        Registration Ordinance ( Cap 417) and is within a discipline which is
        relevant to the excavation concerned or the works within that
        excavation; or

   (d)  a safety officer under the Factories and Industrial 
        Undertakings (Safety Officers and Safety Supervisors) Regulations (
        Cap 59 sub. leg. Z) and—

        (i)    where subsection (5)(a) is applicable, has at least 3 years
               experience in supervising excavation which is similar to the
               excavation concerned; or

        (ii)   where subsection (5)(b)(i) is applicable, has at least 3 years
               experience in managing documented system which is similar to
               the system described in that subsection. (Part III replaced 17
               of 2003 s. 4)

"competent person" (合資格人士)