Tag Archives: China

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Contractors and owner of crane fined for violation of safety legislation

     Bouygues Travaux Publics (Bouygues), Kam Lee Construction Decoration Engineering Co., Limited (Kam Lee) and Chan Hark Transportation Engineering Limited (Chan Hark) were fined $36,000, $87,000 and $28,000 respectively at the Kowloon City Magistrates’ Courts today (January 17). Bouygues violated the Factories and Industrial Undertakings Ordinance. Chan Hark violated the Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) Regulations. Kam Lee violated both the Ordinance and the Regulations. The prosecutions were launched by the Labour Department.
      
     The case involved a fatal accident that occurred on April 21, 2021, at a construction site at the former south apron, Kai Tak. A lorry-mounted crane used in lifting a concrete skip for concreting a trench suddenly tilted, causing the concrete skip to strike a worker engaged in the work. The worker was injured and passed away on the same day. read more

Employer and occupier of premises fined for violation of safety legislation

     Hip Hing Loong Stage Engineering Company Limited was fined $420,000 at the Kowloon City Magistrates’ Courts today (January 17) for violation of the Occupational Safety and Health Ordinance. The prosecutions were launched by the Labour Department (LD).

     The case involved two accidents that occurred in connection with a concert held in July 2022 at the Hong Kong Coliseum, Hung Hom. During a concert rehearsal on July 25, 2022, a dancer fell off the stage into a void and was injured. On July 28, 2022, two dancers were hit and injured by a display panel that fell from height during a stage performance of the concert.

     A spokesman for the LD said, “The judgement sends a strong message to all duty holders that they are required to protect employees’ occupational safety and health (OSH) in accordance with the law. The LD safeguards the OSH of all employees in Hong Kong. The LD does not tolerate any such offences and spares no effort in prosecuting employers/occupiers of premises who defy the law.”

     The LD stresses that employers and occupiers of premises are required to take adequate OSH precautions pursuant to relevant provisions under the OSH law to safeguard employees’ safety and health. read more

LCQ3: Ensuring the normal operation of government electronic systems

     Following is a question by the Hon Yung Hoi-yan and a reply by the Secretary for Innovation, Technology and Industry, Professor Sun Dong, in the Legislative Council today (January 17):

Question:

     In the evening of the polling day for the 2023 District Council Ordinary Election, voting at polling stations was once suspended due to a failure of the Electronic Poll Register system; and earlier on, the Government’s sports and recreation services booking and information system, “SmartPLAY”, also experienced “double bookings” and system failure. There are views that these incidents reflect the Government’s failure to ensure the normal operation of its electronic systems. In this connection, will the Government inform this Council:

(1) of the inspection and testing procedures undertaken by the Government in respect of the Electronic Poll Register system; whether it will review and improve the relevant procedures to prevent the recurrence of similar incidents in the future; if so, of the details; if not, the reasons for that;

(2) of the Government’s new plans to ensure the normal operation of its electronic systems, including the new measures to enhance cyber security and upgrade the technical standard of relevant personnel; and

(3) whether a mechanism is currently in place to penalize contractors providing electronic systems to the Government for incidents caused by their faults; if so, of the details; if not, the reasons for that, and how it ensures that contractors will improve the stability of the electronic systems?

Reply:

President,

     The Government has been striving to drive the adoption of technologies by bureaux/departments (B/Ds) to enhance operational efficiency and improve public services, as e-government services and governmental operations are closely related to citizen’s livelihood. We envisage challenges as the Government presses ahead with the digitalisation process and rolls out more digital services. Recent cases of malfunction of individual systems at the time of launch serve as a reminder of our commitment to digitalisation of public services and the need to constantly improve our work.

     In response to the Hon Yung Hoi-yan’s three questions, in consultation with the Constitutional and Mainland Affairs Bureau and other relevant B/Ds, my reply is as follows:

(1) The Registration and Electoral Office (REO) has conducted three levels of monitoring and testing for the Electronic Poll Register (EPR) system, including: internal testing conducted by REO’s Information Technology Management Division; independent testings conducted by third parties entrusted by the REO; and final review by the Electoral Affairs Commission’s (EAC) Technical Advisory Committee.

     Regarding the malfunction of EPR system occurred on the polling day of the District Councils Ordinary Election held on December 10, 2023, the EAC has, pursuant to the instructions of the Chief Executive (CE), established a dedicated investigation group to investigate the causes of the incident comprehensively so as to ensure that similar incidents will not happen again. The work of the investigation group is on-going. The findings of the investigation will be reported in detail in the report to be submitted to the CE within three months after the election as required by the law.

(2) The Office of the Government Chief Information Officer (OGCIO) is responsible for the Government’s central backbone systems and inter-departmental information technology (IT) service projects, including the government cloud services, the big data analytics platform and the recently launched initiatives on cross-boundary data flow and Cross-boundary Public Services. Other government IT projects with a focus on services offered by individual departments are spearheaded by responsible B/Ds such that the system development and operation cater for the respective policy and the needs of the public service recipients. 

     OGCIO has been working closely with B/Ds and renders support to departments in implementing their e-government services at different stages. These include providing policy guidance and technical standards at project initiation stage, and assigning officers on a need basis to participate in the Project Steering Committees set up by B/Ds for their large-scale projects to provide departmental management with professional advice during system development.

     As for cybersecurity, the Government has formulated the Government IT Security Policy and Guidelines, which set out the requirements applicable to B/Ds for the establishment, implementation, maintenance and continuous enhancement of their information security management system. OGCIO also regularly reminds B/Ds to adopt measures to protect government information systems and data. Meanwhile, OGCIO organises departmental cybersecurity drills, seminars and solution showcases, etc. Over 3 400 staff members of government departments attended relevant events last year.

     To assist departments in strengthening preparedness before the launch of their major e-government systems, the Government introduced a new measure in November 2023 requiring respective departments to subject their large-scale electronic systems to additional stress and load tests to be conducted by an independent third party arranged by OGCIO.

     To support the important mission of building a digital government in the future, the Government is formulating new policies, with a view to strengthening the governance measures of OGCIO, or the future Digital Policy Office, at different work junctures such as project initiation, tendering, formulation of technical options, system development, testing and risk assessment. These are aimed at providing more professional support to B/Ds and further enhancing the stability and security of government e-services under a multi-pronged approach. The relevant new measures will soon be announced.

(3) Government information systems are based on the public services individual departments provide. Hence, B/Ds will initiate, invite tenders and take forward the IT projects in accordance with their policies and requirements of their service clients.

     To assist departments in managing and monitoring their IT service contractors, OGCIO has issued the Practice Guide to Project Management for IT Projects under an Outsourced Environment, covering project initiation, planning, implementation and completion. The Practice Guide also recommends a set of good practices for B/Ds to follow. B/Ds would monitor their contractors with reference to the contracts. If the performance of contractors fail to fulfil the service requirements and standards specified in the contracts, departments may take actions based on the contractual clauses. These actions include warning, demand for compensation or even early termination of contract. To further support departments in identifying and engaging quality contractors, the Government is actively exploring how to strengthen the role of OGCIO in B/Ds’ assessment and selection of service contractors, and formulating specific enhancement proposals.

     For those smaller scale projects with a budget not exceeding $20 million, OGCIO implements the Standing Offer Agreement for Quality Professional Services scheme (the SOA-QPS scheme) to facilitate their speedy implementation. Under the SOA-QPS scheme, B/Ds can directly invite contractors having passed OGCIO’s pre-qualification to submit proposals for B/Ds to select suitable service contractors. Contractors with continuous subpar performance may be suspended from further bidding under the SOA-QPS scheme until their performance improves. read more

Guangdong-Hong Kong-Macao Greater Bay Area Development Office stages roving exhibition at universities to showcase Greater Bay Area opportunities (with photos)

     The Guangdong-Hong Kong-Macao Greater Bay Area Development Office under the Constitutional and Mainland Affairs Bureau is staging a Guangdong-Hong Kong-Macao Greater Bay Area (GBA) roving exhibition from today (January 17) until the end of March at the campuses of eight universities and at the Civic Education Resource Centre of Youth Square, with the aim of introducing to students and young people the enormous opportunities brought about by GBA development to Hong Kong. The Commissioner for the Development of the Guangdong-Hong Kong-Macao Greater Bay Area, Ms Maisie Chan, reached out to young people on campus and encouraged them to grasp the opportunities of GBA development to realise their aspirations.
 
     Ms Chan said the Hong Kong Special Administrative Region (HKSAR) Government has all along attached great importance to both GBA development and youth development, and has introduced a number of policy measures in various areas to support Hong Kong residents and enterprises, including young people, to make good use of the significant opportunities brought about by GBA development.
 
     Ms Chan said, “Under the ‘one country, two systems’ principle, Hong Kong has the distinctive advantage of enjoying strong support of the motherland and being closely connected to the world, and Hong Kong young people are innovative with a global vision and are full of vigour. The HKSAR Government will seek more policy innovations to support Hong Kong young people to unleash their strengths on a bigger stage in the GBA, and provide concrete and targeted support to Hong Kong young people aspiring to set up their businesses and develop their career in the Mainland cities of the GBA.”
 
     Ms Chan visited the exhibition at Hong Kong Baptist University, and had candid exchanges with the students there. She encouraged them to study hard to better equip themselves, and to grasp the opportunities of GBA development through internship, entrepreneurship and employment opportunities in the GBA to keep pace with the developments of the country.
 
     The roving exhibition kicked off at the Hong Kong University of Science and Technology and Hong Kong Baptist University today. It offers rich information including the work of the HKSAR Government in taking forward GBA development in different areas, the diversified measures to support Hong Kong young people’s development in the GBA, various support services and channels to disseminate practical information about the GBA, etc, thereby enabling visitors to gain a more comprehensive understanding of the development of the GBA, and hoping that more Hong Kong young people could get on board the express train of GBA development.
 
     The roving exhibition has received venue support from the eight universities and the Civic Education Resource Centre of Youth Square. The exhibition period is as follows:
 

Exhibition Period Location
January 17 to 25, 2024 Atrium, the Hong Kong University of Science and Technology
January 17 to 26, 2024 Au Shue Hung Memorial Library, Shaw Campus, Hong Kong Baptist University
January 19 to March 28, 2024 Civic Education Resource Centre, 7/F, Youth Square#
January 22 to February 3, 2024 Central Facilities Building, Tai Po Campus of the Education University of Hong Kong
February 2 to 8, 2024 4/F, Yeung Kin Man Academic Building, City University of Hong Kong*
February 26 to March 10, 2024 CF and FG Wing Podiums, the Hong Kong Polytechnic University*
March 3 to 9, 2024 Benjamin Franklin Centre, the Chinese University of Hong Kong*
March 11 to 22, 2024 Centennial Campus, the University of Hong Kong
March 18 to 24, 2024 Kin Sun Square, Lingnan University
 
#Opening hours are from 9am to 6pm (closed on public holidays).
*Valid staff/student card holders or visitors registered to enter the campus.
Photo  Photo  Photo  
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LCQ12: Providing support for owners of “three-nil buildings”

     Following is a question by the Hon Stanley Ng and a written reply by the Secretary for Home and Youth Affairs, Miss Alice Mak, in the Legislative Council today (January 17):
 
Question:
 
     It has been reported that as at December 2022, there were 2 943 “three-nil buildings” in Hong Kong. As these buildings do not have owners’ corporations (“OCs”) or any form of residents’ organisations, or have not engaged property management companies, there are often problems in respect of hygiene, fire safety and external wall structure, resulting in a deplorable living environment for the residents and posing potential hazards to the community. In this connection, will the Government inform this Council:
 
(1) of the number of building management cases involving “three-nil buildings” in each of the past three years resolved through government intervention (e.g. with the Government carrying out the default works for the building owners concerned);
 
(2) of the number of “three-nil buildings” that have formed or reactivated “OCs” with the assistance provided under the Building Management Professional Advisory Service Scheme (“BMPASS”); whether it has assessed the effectiveness of BMPASS in providing support for owners of three-nil buildings;
 
(3) of the current number of participants in the Resident Liaison Ambassador Scheme; whether it has reviewed the effectiveness of the Scheme (including whether the objective of assisting in the engagement of residents in handling building management matters (such as cleanliness, security and fire safety) can be achieved); and
 
(4) whether it has assessed the effectiveness of the Community Care Fund – Subsidy for Owners’ Corporations of Old Buildings and the Urban Renewal Authority’s District-based Building Rehabilitation Pilot Scheme in providing support for owners of “three-nil buildings” in the past six months; whether the Government will consider launching more schemes on building maintenance to provide support for them?
 
Reply:
 
President,
 
     “Three-nil buildings” generally refer to buildings that neither have an owners’ corporation (“OCs”) or any form of residents’ organisation, nor employ a property management company (“PMC”) to manage the buildings. The Government has been providing various support to “three-nil buildings”. The policy of the Home Affairs Department (HAD) is to assist and encourage the formation of residents’ organisations (including OCs) in “three-nil buildings”. Even if “three-nil buildings” cannot form any residents’ organisation for various reasons, HAD continues to provide support to the owners concerned to help them manage their buildings properly. Having consulted the Development Bureau (DEVB), the reply to the questions raised by the Hon Stanley Ng is as follows:
 
(1) and (2) HAD launched three phases of the Building Management Professional Advisory Service Scheme (“BMPASS”) from 2011 to 2020. Experienced PMCs were engaged to provide a series of free professional advice and follow-up services on building management, including assisting in the formation of OCs or assisting defunct OCs in resuming operation, assisting OC in applying for various maintenance subsidies and loan schemes, and following up on building inspections/window inspections, maintenance works and tendering, etc. The three phases of the BMPASS assisted in forming/resuming operation of 540 OCs. In view of the effectiveness of the BMPASS, the HAD has regularised it.
 
     With reference to the earlier recommendations of the Public Accounts Committee (“PAC”) of the Legislative Council, HAD engaged community organisations/non-governmental organisations (“NGOs”) with experiences in building management or related fields to reach out to the owners of “three-nil buildings”, and to encourage and assist them to form OCs under the regularised BMPASS. The scheme was first launched in June 2022, and gradually extended to cover nine districts with more “three-nil buildings” (i.e. Sham Shui Po, Tsuen Wan, Central and Western District, Eastern District, Wan Chai, Yau Tsim Mong, North District, Tai Po and Kowloon City). As of December 2023, the Pilot Scheme contacted a total of 580 “three-nil buildings” and assisted in forming 70 OCs. The scheme has achieved good results, indicating that the participation of community organisations/NGOs has helped reach out to the owners of “three-nil buildings”. HAD will therefore consider entering into service agreements of a longer term with community organisations/NGOs (e.g. by extending the contract period from currently one year to three years) to ensure the continuity of the services, so that buildings and owners in need will enjoy better support.
          
     Besides, according to the information provided by DEVB, in the past three years, the Buildings Department (BD) has exercised its statutory power to carry out building investigation, repair and removal works for 144 “three-nil buildings” as required by statutory orders involving common parts of buildings in the owners’ default, and to recover the relevant costs from them after completion. In addition, BD has also proactively selected 504 “three-nil buildings” as Category 2 buildings of Operation Building Bright 2.0 (“OBB 2.0”) based on risk-based approach, and carried out the required prescribed inspection and repair for the common parts of the buildings under the Mandatory Building Inspection and Mandatory Window Inspection Schemes on behalf of the owners. The relevant costs will be recovered from them after completion. Eligible owners can apply for OBB 2.0 subsidies to cover all or part of the costs.
      
(3) Despite our continuous support and assistance, some “three-nil buildings” may not be able to form OC due to various reasons. Nevertheless, HAD remains committed to providing support to these buildings. HAD has put in place the Resident Liaison Ambassador Scheme to recruit owners or residents living in “three-nil buildings” aged 30 years or above as Resident Liaison Ambassadors (“RLAs”). The scheme aims to establish a resident liaison network to facilitate residents’ discussion and handling of daily building management matters, and to assist Government departments in contacting residents and promoting effective building management messages. As of December 2023, HAD has assisted in the formation of about 600 OCs through RLAs, and there are around 2 000 RLAs residing in “three-nil buildings”. 
 
     The RLAs play a positive role in facilitating resident liaison. HAD will continue to actively promote good building management through the RLAs and organise regular activities for them. This will enable owners to appreciate the benefits of good building management, thereby encouraging them to form OCs.
      
     As of December 2023, there were about 3 100 “three-nil buildings” (excluding those single-owned and self-managed “three-nil buildings”) in Hong Kong. In fact, with the continuous promotion of effective building management and related support measures, the number of “three-nil buildings” has significantly decreased from the corresponding figure of about 6 700 in 2011.
 
(4) The Community Care Fund (“CCF”) launched a programme in three phases from 2012 to 2021 to provide subsidies to eligible OCs of old buildings for specified items, including procurement of public liability insurance or third party risks insurance for the common parts of the buildings, regular inspections of fire service installations and equipment or electrical installations, examination of lifts, and clearance of fire escapes, etc. Cumulatively, about 3 500 OCs benefited from the three phases of the programme, with a total subsidy of $64 million. The programme was not applicable to “three-nil buildings”.
 
     Upon review, the Commission on Poverty (“CoP”) considered that the Government had already provided a wide range of financial support for building maintenance, as well as practical support in various aspects of building management, including legal and other advisory services, dispute resolution, education and training, etc. Considering that building management is the responsibility of owners, the CoP concluded that the recurrent expenditure of OCs of old buildings should not be subsidised on an ongoing basis through the CCF or other means, and thus the programme ended upon completion of the Phase III.
      
     Besides, according to the information provided by DEVB, since 2018, the Government has allocated over $19 billion to roll out various subsidy schemes relating to building safety and rehabilitation in partnership with the Urban Renewal Authority (URA), including OBB 2.0, the Fire Safety Improvement Works Subsidy Scheme, the Lift Modernisation Subsidy Scheme, the Building Maintenance Grant Scheme for Needy Owners and the Building Drainage System Repair Subsidy Scheme to assist needy owners to maintain their properties.
      
     Understanding the constraints faced by the owners of “three-nil buildings” in forming OCs, the URA now also accepts applications for building rehabilitation subsidy schemes from owners of these “three-nil buildings”, provided that the unanimous consent of all owners is obtained. For those “three-nil buildings” which are unable to obtain the unanimous consent of all owners, the URA would provide free legal services to assist owners in understanding whether the provisions relating to rehabilitation in their Deed of Mutual Covenant allow owners to carry out repair and improvement works in common areas of the buildings through the effective resolutions passed in owners’ meetings.

     In 2022, the URA took forward the urban renewal project in “Lung Shing” area of Kowloon City with an “integrated approach” for the first time. A small focus area from Nam Kok Road to Tak Ku Ling Road, covering around 40 buildings without the imminent need for redevelopment, was mapped out for a three-year District-based Rehabilitation Pilot Scheme (“pilot scheme”). Through providing financial subsidies and technical support to the owners, the URA encourages and assists the owners to repair and maintain their buildings in a timely manner.
      
     Through the pilot scheme, the URA encourages and assists owners of “three-nil buildings” to form OCs. The URA also implements innovative management models such as the Joint Property Management (“JPM”), hoping that the experience gained can encourage the property management industry to provide joint management services for aged building clusters, so that aged buildings with only a dozen or so of units can also obtain property management services at affordable fees, thereby enhancing their building maintenance capabilities.
      
     Out of the buildings covered in the pilot scheme, there were nine “three-nil buildings” which were unable to form OCs over the past decades. The URA proactively provided support to the owners of these buildings through collaboration with the local community partners as well as HAD, with the aims to encourage the formation of OCs. Three out of the nine “three-nil buildings” have successfully formed OCs and commenced preparatory work for building rehabilitation, and four intend to join the JPM. Moreover, a total of 14 buildings have joined OBB 2.0 or other building rehabilitation subsidy schemes to carry out maintenance work either by themselves or through government contractors. 
      
     Timely and proper maintenance of buildings is after all the basic responsibility of owners. As to whether more building maintenance subsidy schemes can be introduced, since the use of public funds to subsidise maintenance works in private properties will be involved, the Government has to carefully consider the pros and cons. The Government will formulate measures in the light of the latest situation, including factors such as financial resources. read more