Land (Miscellaneous Provisions) Ordinance

(1)
The permittee and nominated permittee of an excavation permit or emergency excavation permit
shall—
(a)
adopt all necessary safety precautions to protect the public or any person making or maintaining an excavation to which the permit relates from any danger or injury;
(b)
provide adequate support for the structural stability of buildings, roads, slopes, structures, pipes, lighting posts, utility services or similar installations adjacent to the excavation so as to prevent the public or any person from being endangered by a fall or displacement of earth, rock or other material.
(2)
Where there is a permittee and no nominated permittee and subsection (1) is contravened, the permittee shall be guilty of an offence and shall be liable on conviction to a fine of $200,000.
(3)
Where there is a permittee and a nominated permittee and subsection (1) is contravened, both the permittee and the nominated permittee shall each be guilty of an offence and shall each be liable on conviction to a fine of $200,000.
(4)
It is a defence in a proceeding against a person for an offence under subsection (2) or (3) if the person charged shows that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(5)
A court may, in making a decision on the defence provided under subsection (4), take into consideration that a
person charged with an offence under subsection (2) or (3)
has—
(a)
hired a competent person to supervise the excavation concerned;
(b)
a documented system for supervising the excavation concerned, including but not limited to a system
which—
(i)
is managed by a competent person; and
(ii)
requires inspection of the excavation to ensure compliance with duties imposed under subsection (1) and record of such inspection;
(c)
a documented system to ensure his contractor complies with the duties imposed under subsection (1);
(d)
taken other reasonable steps.
(6)
For the purpose of subsection (5),
competent
                        person
(
合資格人士
) means a person who is registered
as—
(a)
a registered architect under the Architects Registration Ordinance (
Cap. 408
);
(b)
a registered professional engineer under the Engineers Registration Ordinance (
Cap. 409
) and is within a discipline which is relevant to the excavation concerned or the works within that excavation;
(c)
a registered professional surveyor under the Surveyors Registration Ordinance (
Cap. 417
) and is within a discipline which is relevant to the excavation concerned or the works within that excavation; or
(d)
a safety officer under the Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations (
Cap. 59 sub. leg. Z
)
and—
(i)
where subsection
(5
)(
a)
is applicable, has at least 3
                            years’
                            experience in supervising excavation which is similar to the excavation
                            concerned; or
(ii)
where subsection
(5
)(
b
)(
i)
is applicable, has at least 3
                            years’
                            experience in managing documented system which is similar to the system
                            described in that subsection.
(Amended
E.R. 5 of 2020
)