Following is a question by the Hon Fernando Cheung and a written reply by the Secretary for Housing, Planning and Lands, Mr Michael Suen, in the Legislative Council today (May 10):
Question:
It has been reported that earlier a wheelchair-bound person went to a restaurant in a shopping arcade to have meal there. Three tables of the restaurant were near its entrance and were accessible without going up or down the stairs, while the other tables were located either on a platform or at the basement. As the three tables had been taken by other customers at the time, the family members of the wheelchair-bound person suggested seating the person with the wheelchair at other tables. However, the manager of the restaurant did not accept the suggestion on the ground that damage to the marble riser had to be avoided. The wheelchair-bound person and his family members therefore had to wait for one of the three tables. On the other hand, in answering media enquiries about the incident, the Buildings Department (BD) said that the platform was suspected to be an illegal structure. In this connection, will the Government inform this Council:
(a) of the number of shops (including restaurants) inspected by BD in the past 10 years to ensure that there were no illegal structures obstructing access by the disabled, and the number of inspected shops which have been prosecuted by BD; and
(b) whether the existing legislation have provisions forbidding shops (including restaurants) after occupation from making unauthorized alterations to their facilities in order to ensure that the disabled can have access to the shops?
Reply:
Madam President,
Firstly, with regard to the case quoted in the question, the Buildings Department (BD) has issued an order on April 3, 2006 to the owner of the restaurant concerned requiring removal of the unauthorized raised platform within 60 days.
My reply to the two parts of the question is as follows:
(1) Since 1997, BD has been taking the initiative to inspect a number of large shopping arcades/commercial buildings and remind building owners and management companies that they should not arbitrarily alter the required facilities provided for the disabled with a view to ensuring that such facilities remain available for use by the disabled after completion of the buildings. Where irregularities are found, BD will issue advisory letters to the owners or management companies concerned asking them to rectify the situation. In the case of uncooperative owners or management companies, BD will serve statutory orders under the Buildings Ordinance (BO) and will, according to the irregularities identified in individual cases, take follow up action by instigating prosecution against offenders. The cases will be followed up by BD until the irregularities have been rectified.
In the initial period of inspection, BD has set a target of selecting 5 shopping arcades/commercial buildings for inspection annually based on the flow of visitors and number of irregularities found in such buildings. Subsequently, BD raised its target to inspect 15 such buildings annually. For the past 10 years, 66 shopping arcades/commercial buildings have been inspected. Irregularities were found in some of the facilities designated for use by the disabled in these buildings, and a total of 66 advisory letters have been issued to seek rectification.
The majority of owners or management companies have rectified the irregularities upon receipt of BD's advice. For those who have not responded positively, BD has served orders under the BO requiring them to carry out improvement works. BD has issued a total of 26 orders, out of which 17 orders have been complied with, upon completion of the improvement works in accordance with BD's requirements, by the relevant owners. BD is making arrangements for prosecution action against the owners concerned in respect of the other nine non-compliance cases.
(2) To ensure that equal opportunities are provided for persons with a disability to facilitate their full integration into the community, the Disability Discrimination Ordinance (DDO) stipulates that it is unlawful to discriminate against or harass persons for reasons of their disabilities. The scope of protection under the DDO also covers the provision of access to premises for the disabled. The Equal Opportunities Commission (EOC) is the statutory body charged with the responsibility of implementing the DDO. Anyone who considers that his or her rights as stipulated by the DDO have been infringed may turn to EOC for assistance.
Moreover, under the BO, the removal of building facilities designated for use by the disabled, or erection of structures obstructing the use of such facilities without approval of the Building Authority (the BA) are regarded as unauthorized building works (UBWs). Where such UBWs are identified, BD will issue statutory orders against the owners concerned under section 24 of the BO, requiring the owners concerned to rectify the irregularities found.
From April 18, 2006 onwards, applicants for food business licences have to submit to the licensing authority certificates confirming that their premises are free of UBWs, including UBWs related to facilities designated for the disabled. This will ensure that all facilities designated for the disabled as required to be provided by the law will not be illegally altered after the buildings are completed. Regarding applications for other licences, BD will ascertain during inspections whether there is unauthorized alteration to facilities designated for the disabled in the premises. Where irregularities are found, BD will request the applicants or owners concerned to carry out rectification works and instigate prosecution.
Ends/Wednesday, May 10, 2006
Issued at HKT 11:50
NNNN