The Independent Committee in relation to the fire at Wang Fuk Court in Tai Po held its 16th hearing today (April 21), summoning three representatives from the Labour Department to testify. Lam Sau-ching, then Divisional Occupational Safety Officer (Operations Division)(Minor Renovation and Maintenance Works-2 Office), gave testimony first. She admitted that under current Labor Department regulations, frontline inspectors find it difficult to enforce laws against smoking by construction workers on-site, but emphasized that they would remind relevant contractors to pay attention to this issue.
Barrister Lee Shu-wun, representing the Independent Committee, released the Labor Department's report during the hearing. The document repeatedly uses the phrase "could not be justified," which is believed to be standard terminology for the Labor Department, meaning "insufficient evidence was found to support the complaint."
Lee Shu-wun subsequently released several complaint documents received by the Labor Department, showing that as early as July 2024, residents of Wang Fuk Court had filed complaints regarding workers smoking, and in October of the same year, regarding the flammability of scaffolding, safety netting, and expanding foam.
One of the complaints involved workers smoking during work hours. The Regulatory Authority's report stated that since no cigarette butts or instances of smoking in violation of regulations were found during on-site inspections—and although cigarette butts were seen within the construction site—it could not be determined whether they were left by residents or workers. Therefore, the complaint could not be substantiated and was deemed "could not be justified." Lee Shu-wun asked whether this meant that "just because the inspection team did not personally witness anyone smoking does not mean no one was smoking; it simply means the team was unable to successfully gather evidence." Lee Shu-wun agreed with this assessment, admitting that under current Labor Department regulations, workers' smoking is not illegal and does not violate any Occupational Safety and Health Ordinance. "Even if we see workers smoking, we cannot enforce the law based on specific regulations; we must assess the fire risk in the vicinity of the smoking area or check for flammable materials. Only if such conditions exist can we issue a no-smoking order." She emphasized that if colleagues observe workers smoking during inspections, they will proactively alert the contractor to the situation.
In addition, the report released by Lee Shu-wun revealed that relevant complaints were constantly being passed back and forth between the Labor Department, the Buildings Department, and the Independent Checking Unit (ICU) of the Housing Department, yet ultimately remained unresolved. Lee Shu-wun emphasized that the Labor Department would not neglect a case simply because it had been referred elsewhere and would continue to follow up on it, but acknowledged that "more could be done," such as drafting reports in greater detail and strengthening inter-departmental communication.
Lee Shu-wun stated earlier that, due to the high number of complaints regarding Wang Fuk Court, the Labor Department conducted a total of 16 inspections there, plus one additional intensive surprise inspection—a total of 17 inspections, which is more frequent than standard inspections. She explained that the Labor Department's inspections are divided into three categories: Initial Inspections, Normal Inspections, and Special Enforcement Operations.
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