Emergency notification on demand for criminal or administrative violations

The Bill on the Legal Regime for Fire Safety of Buildings and Venues, which is being considered by the Second regular session of the Legislative Council, proposes to add criminal liability and create an offence of contravention. After a meeting with the Commission, the Government decided whether it was a criminal or administrative offence, depending on whether it was a case requiring urgent notice, and reduced part of the fine.

Criminal liability for unreasonable refusal of notice

The meeting was held at 3pm yesterday with the Secretary for Security, Mr Wong Siu-chak, in attendance. The Chairman of the Second regular meeting, Mr Chan Che-wu, and the Secretary, Ms Wong Kit-ching, concluded after the meeting, mainly discussing the penalty system. With regard to the addition of an offence of contravention provision, in accordance with the original Article 45, any person who refuses to allow officers of the Works Bureau and the Fire Services Department to perform supervision duties, and a third party who accepts a notice given by a supervisor in accordance with the law, without a valid reason, fails to inform the notified person of the existence of the relevant notice and may remove a copy of the notice, shall constitute an offence of contravention.

Chen Zewu said that in the case of the need for urgent notice, there is no legal consequence for the notified person (such as the owner) or the third party to refuse to receive the notice, but the third party fails to inform the notified person after receiving the notice, and shall bear criminal responsibility. After listening to the opinion, the government also found that there was a problem and amended the content.

There are emergency situations and non-emergency situations. The person notified or a third party who refuses to receive the notice, to sign it or to return a signed copy when an urgent notice is required in a situation which may pose an imminent danger to the life or physical integrity of a person, without good reason, shall be criminally liable. If the notice is not urgent, it is an administrative offence and can be fined between $300 and $1,500. The Committee agrees with the change.

Discontinue registration worry fire vacuum

In addition, minor administrative offences in contravention of the Act are punishable by a fine of $2,000 to $20,000. Some people have pointed out that administrators can serve as building safety officers through the special training courses of the Fire Services Department, and they are worried that no administrators will be willing to do so after the law comes into force in the future. The Government has considered that if the person in charge of safety breaches his obligations, he will be fined between $300 and $1,500, and if he is in arrears, he will also be jointly and severally liable to the owner or the management company.

The Government has pointed out that the relevant regulations are currently being drafted, and there are now more than 300 of them. The Government's examples of obstructing fire escapes, ladder trucks near buildings and obstructing evacuation routes are not necessarily listed in the regulations, but will be written into the law for greater clarity.

As for the additional punishment of Article 50, in addition to the fine, the registration of the qualified enterprise can be suspended for a maximum of two years. The Committee is concerned about whether there will be a "vacuum" on fire protection arising from the suspension of the registration of enterprises that have signed contracts to provide fire safety, maintenance or inspection, and whether owners have the right to know.

------ From Macau Daily News February 04, 2021