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Following is a question by the Hon Albert Cheng and a written reply by the Secretary for the Environment, Transport and Works, Dr Sarah Liao, at the Legislative Council meeting today (October 18) :
Question:
I notice that building attendants and security personnel of many hotels, commercial buildings, luxury properties and private carparks in Hong Kong are required to undertake the duty of controlling vehicular traffic to and from the premises. They often have to stop pedestrians and even vehicles on driveways so as to make way for vehicles entering or leaving such premises. In this connection, will the Government inform this Council:
(a) whether, according to the laws of Hong Kong, building attendants and security personnel have the authority to direct traffic and stop pedestrians and vehicles on driveways; if not, whether the Police has looked at the above situation and taken actions accordingly; and
(b) whether it has studied if such attendants and personnel are injured while directing traffic, they will not be covered by employees' compensation insurance on the ground that such a duty falls outside the scope of responsibilities of building attendants and security personnel; if it has, of the study results?
Reply :
Madam President,
Currently, the law has not empowered attendants or security guards of private properties to direct traffic. According to the Summary Offences Ordinance, any person causing obstruction to traffic without lawful excuse is liable to prosecution. Police officers on patrol do observe these attendants or security guards discharge their duties in maintaining security and order. Generally speaking, they do not cause any traffic problems. However, if traffic obstruction does occur, the Police will take appropriate actions, including giving advice, issuing warning or instituting prosecution against the attendants or security guards concerned. The Police have instructed frontline police officers on patrol to pay more attention to such situations.
According to the Employees' Compensation Ordinance, if personal injury or death by accident arising out of and in the course of the employment is caused to an employee, his employer shall be liable to pay compensation in accordance with the Ordinance. Notwithstanding that the employee is at the time when the accident happens acting in contravention of any statutory or other regulation applicable to his employment, if such act is done by the employee for the purposes of and in connection with his employer's trade or business, the employee is entitled to compensation. The Ordinance also requires employers to take out insurance policies to cover their liabilities both under the Ordinance and at common law for injuries at work in respect of all their employees. When an employer who has been insured becomes liable to pay any sum of compensation under the Ordinance or damages in respect of a work injury to his employee, such sum shall become due and payable by the insurer, notwithstanding anything to the contrary in the policy of insurance. Therefore, when personal injury by accident arising out of and in the course of the employment is caused to an employee, the employee can claim compensation from his employer and the insurer concerned.
Ends/Wednesday, October 18, 2006
Issued at HKT 12:50
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