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1 - HKU Libraries - The University of Hong Kong

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provided, the then BOO had in the previous yearscontemplated introducing legislative amendments to the BOfor the purposes <strong>of</strong> disapproving such plans. In 1974,the D <strong>of</strong> FS first raised the problem <strong>of</strong> increasingdifficulty in dealing with plans for buildings over 6storeys where there was no access for emergency vehiclesdue to narrowness <strong>of</strong> the street, stepped streets orobstructions such as hawker stalls and protruding shades;and asked the then BOO for an agreed policy on thismatter.4.74 <strong>The</strong> D <strong>of</strong> FS had previously taken the views thataccess for firefighting vehicles fell within thedefinitidn <strong>of</strong> ^fire service installation or equipment'under the FSO and therefore he could refuse to issue acertificate under S. 16(1) (b) <strong>of</strong> the BO where there wasno such access provided. Subsequently legal opinionconfirmed that this practice was legally incorrectbecause the certificate under S. 16(1) (b) <strong>of</strong> the BOshould relate solely to internal fire-fightinginstallations within the proposed building. It was alsopointed out that the completed building without accessfor fire-fighting vehicles could be regarded as a firehazard under the FSO and the D <strong>of</strong> FS could actaccordingly. As a result the D <strong>of</strong> FS stopped thepractice <strong>of</strong> refusing to issue a BOs 16(1) (b) certificateand instead issued a "letter <strong>of</strong> concern' to the developerindicating the fire hazard possibility. Such a practicewas also subsequently discontinued due to the lack <strong>of</strong> aclear legal backing (para. 4.19 above).4.75 <strong>The</strong> above problem <strong>of</strong> inadequacy <strong>of</strong> the BO hadsince 1974 be canvassed by both the then BOO and the FSD.From the years <strong>of</strong> 1975 to 1984, various proposals <strong>of</strong>legislative amendments to the different provisions <strong>of</strong> S.16(i) <strong>of</strong> the BO had been made and considered but all suchproposals had not finally been pursued.Two Options <strong>of</strong> Legislative Amendments in 19894.76 <strong>The</strong> feasibility <strong>of</strong> introducing legislativeamendments to the BO was again revived in 1989 when twospecific options were made and considered. <strong>The</strong> firstoption was that a new ground under S. 16(1) <strong>of</strong> the BOmight be introduced to disapprove building plans whichshowed a building or buildings not provided with adequateaccess for emergency vehicles. <strong>The</strong> standards for such- 54 -

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