The Electrical and Mechanical Services Department (EMSD) today (November 9) brought prosecutions against Eugene Engineering Company Limited (EECL), its general manager and one maintenance manager, in connection with a lift incident that led to the death of a woman at Paris Court in Sheung Shui Town Centre in the New Territories in May. The EECL was the registered lift contractor responsible for maintenance works on the lift concerned.
The in-depth investigation by the EMSD revealed that the EECL and related personnel failed to carry out their statutory duties under the Lifts and Escalators Ordinance (Cap 618) (the Ordinance) and the Lifts and Escalators (General) Regulation (Cap 618A) (the Regulation). After seeking legal advice from the Department of Justice, the EMSD has decided to bring prosecutions against them with the following charges:
Eugene Engineering Company Limited:
(i) contravention of sections 16(1)(a) and 16(2) of the Ordinance, i.e. failing to ensure that the lift works were carried out properly; and
(ii) contravention of sections 4(1) and 4(4) of the Regulation, i.e. failing to notify in the specified form the Director of Electrical and Mechanical Services of the subcontracting of the works not later than seven days before the first commencement day.
General Manager:
(i) contravention of sections 141(1), 16(1)(a) and 16(2) of the Ordinance, i.e. failing to ensure that the lift works were carried out properly, which was committed with the consent or connivance, or to be attributable to the neglect or omission on the part of General Manager of a registered lift contractor; and
(ii) contravention of section 141(1) of the Ordinance, and sections 4(1) and 4(4) of the Regulation, i.e. failing to notify in the specified form the Director of Electrical and Mechanical Services of the subcontracting of the works not later than seven days before the first commencement day, which was committed with the consent or connivance, or to be attributable to the neglect or omission on the part of General Manager of a registered lift contractor.
Maintenance Manager:
– contravention of sections 141(1), 16(1)(a) and 16(2) of the Ordinance, i.e. failing to ensure that the lift works were carried out properly, which was committed with the consent or connivance, or to be attributable to the neglect or omission on the part of Maintenance Manager of a registered lift contractor.
Summonses have been served to the above defendants. The case will be heard in Fanling Magistrates' Courts on December 10.
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