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Following is a question by the Hon Albert Chan and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (November 6):
Question:
It has been reported that upon receipt of a fire hazard complaint from members of the public earlier on, the Fire Services Department (FSD) sent officers to the building where a media organisation is situated to conduct inspection and check its automatic sprinkler system inside the server room. Although FSD subsequently found that the system was in order, the inspection had caused nuisance to the media organisation. Quite a number of members of the community have relayed their concern to me that officers of certain government departments may abuse their office and cause nuisance to the media organisations which had made negative reports on the departments concerned. In this connection, will the Government inform this Council:
(a) of the number of fire hazard complaint cases found to be unsubstantiated after inspection by FSD in each of the past three years; among them, of the number of cases involving premises of media organisations;
(b) whether FSD conducts inspections only after prima facie evidence regarding complaints from members of the public has been established; if so, of the procedures for establishing prima facie evidence; if not, the reasons for that; and
(c) whether the authorities have measures in place to prevent officers of government departments from abusing their office and causing nuisance to the media organisations concerned out of personal grudges or negative media reports on the departments; if they have, of the details; if not, the reasons for that?
Reply:
President,
With the mission of "serving to save", the Fire Services Department (FSD) protects the lives and properties of the public from fire or other calamities. To this end, FSD gives advice on fire protection measures and fire hazards to the public, building owners and occupiers of premises, etc, and educates the public to raise their fire safety awareness. It also inspects the means of escapes and fire service installations and equipment (FSIs), etc in buildings and premises. With the efforts of FSD and the cooperation of the public, the number of fires in Hong Kong in the past five years decreased by about 25% from around 8 200 in 2008 to some 6 100 in 2012. The number of fires at Alarm No. 3 or above decreased by about 28% from 18 in 2008 to 13 in 2012.
One of the major duties of FSD is to abate fire hazards, which includes taking appropriate follow-up actions upon receipt of fire hazard complaints in order to minimise the risk of fire and protect the lives and properties of the public.
The Administration's reply to the various parts of the question is as follows:
(a) In each of the past three years (i.e. from 2010 to 2012), FSD received a total of 9 971, 11 746 and 10 922 complaints about fire hazards respectively.
With regard to the number of unsubstantiated complaints, FSD has put in place a new computer system since April 2012 to facilitate the processing and recording of information and statistics relating to fire safety work. According to records in the system, among the 14 378 fire hazard complaint cases received between May 1, 2012 and May 31, 2013, 7 509 cases were found substantiated and 6 648 cases were found unsubstantiated upon investigation. The remaining 221 cases could not be pursued due to insufficient information and the investigations had to be ceased. As complaint records before May 2012 have not been fully entered into the computer system yet, FSD could not provide the breakdown of such statistics. Also, FSD does not maintain figures of complaint cases involving premises of media organisations specifically.
(b) Complaints about fire hazards usually involve obstructions to means of escape of buildings, problems concerning FSIs and locked exits in buildings as well as excessive storage of dangerous goods, etc. Protection of lives and properties of the public is FSD's primary concern in the handling of these complaints. Upon receipt of a complaint about fire hazard, FSD will, with regard to the type of the complaint, direct the case to the responsible unit for follow-up actions in accordance with the established mechanism. If the information provided by the complainant contains specific matter and address for follow up, an investigation will be conducted to ensure fire safety of the concerned building or premises regardless of whether the complaint is anonymous or not.
If the information provided by the complainant is insufficient or unclear (e.g. detailed address is not given or the content of the fire hazard complaint is unclear), FSD will first approach the complainant through the means of contact provided in order to obtain more details before arranging an inspection. In case FSD is unable to contact the complainant or obtain specific information from the complainant, then the case will be considered non-actionable and the department will cease the investigation accordingly.
The department will deploy fire services officers to conduct an on-site inspection in accordance with the established practice. On consideration of judicial justice, the fire services officers will not inform the persons being complained before conducting the inspection. In the course of the investigation, if the responsible person of the premises is unable to make suitable arrangement for the inspection (e.g. the premises have been locked and the key has to be obtained from other sources, etc.), the department would, in light of the circumstances of individual cases (e.g. the degree of urgency and seriousness of the related fire hazards), exercise its discretion (e.g. to conduct an inspection again after the key to the premises has been obtained).
(c) Government departments have to act in accordance with relevant laws and procedures when carrying out law enforcement actions. In the handling of complaints about fire hazards, the prime consideration of FSD is the protection of lives and properties of the public. In addition, FSD shall handle the complaints in accordance with the Fire Services Ordinance (Cap. 95) or other relevant legislations and the established mechanism to ensure that all complaints about fire hazards will be handled in a non-discriminatory and impartial manner regardless of the types of premises and persons involved, thereby safeguarding the fire safety of the public and the concerned premises. In case fire services officers are suspected of not adhering to relevant regulations and the established mechanism, FSD shall initiate investigations in accordance with the established procedures and take follow-up actions accordingly.
Ends/Wednesday, November 6, 2013
Issued at HKT 17:00
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