Case of fatal incident at demolition site on Robinson Road ruled at Eastern Magistrates' Courts

A registered specialist contractor (sub-register of demolition works category) (RSC) and its technically competent person (TCP), who had deviated in a material way from demolition works shown in a plan approved by the Buildings Department (BD), and carried out the works in a dangerous manner, were found guilty of offenses under the Buildings Ordinance (BO) (Cap. 123) and were sentenced to two months' imprisonment suspended for 36 months and a community service order of 240 hours respectively at the Eastern Magistrates' Courts on Sept. 9.

The case involved a fatal incident that occurred at a demolition site on Robinson Road on July 7, 2022. A worker fell from the roof floor to the ground floor through floor openings and died as a result of the incident. An investigation by the BD found that the RSC had failed to comply with the plan approved by the BD. Specifically, no plastic refuse chute had been erected through the openings for debris removal, no railings were installed around the floor slab opening and no warning signs were in place to prevent workers from entering the work area before demolition commenced, contravening section 40(2A)(b) and section 40(2B)(a) of the BO.

Pursuant to section 40(5) of the BO, the TCP employed by the RSC, who was directly concerned in the demolition works, permitted the commission of the above offenses was deemed guilty of such offenses. The BD instigated prosecution action against the RSC and the TCP last year. Both were convicted at the Eastern Magistrates' Courts on August 22. The RSC, i.e. the sole director and authorized signatory of the RSC, and the TCP were sentenced to two months' imprisonment suspended for 36 months and a community service order of 240 hours respectively on September 9.

A spokesman for the BD said today (September 23) that contractors should carry out building works in accordance with the approved plans, provide adequate precautionary measures before the commencement of works, and carry out the works in accordance with the BO to ensure site and public safety.

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