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Back宏福苑大火:消防處稱檢控否看證據,律師指中華發展可告宏泰刑責難究
宏福苑大火:消防處稱檢控否看證據,律師指中華發展可告宏泰刑責難究
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明报3 hours agoCrime2 min readChinaView translation

宏福苑大火:消防處稱檢控否看證據,律師指中華發展可告宏泰刑責難究

Quick Look

宏福苑大火當日警鐘無響、各層喉轆無水,獨立委員會聽證會揭露中華發展未到場僅收取宏業利益提交虛假消防裝置關閉通知書,致消防裝置停運七個月。消防處週五將就兩承辦商展開紀律委員會聆訊。律師范凱傑指出提交虛假證明書的檢控時限為六個月,但若屬持續違例或涉欺詐則可能仍未過時限;湯家驊認為中華發展可循其他刑事條例控告,宏泰消防刑事責任較難成立。政府大火後修訂消防條例,增罰則及刑責,並延長檢控時限至一年。

AI-generated summary

Why It Matters

宏福苑大火發生後,獨立委員會聽證會揭露中華發展未到場即提交虛假消防裝置關閉通知書,導致消防裝置在大火時已停運七個月,宏泰消防知情不報。

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明報記者 孫澤芳

宏福苑大火當日警鐘無響、各層喉轆無水,獨立委員會聽證會早前揭露,中華發展從未到場,僅收取承建商宏業利益做「橡皮圖章」向處方提交「消防裝置關閉通知書(SDN)」,令消防裝置至大火時已停運7個月。宏泰消防則在大火前已知道消防泵總電掣被關,但無通知消防處(見另稿)。

周五聆訊 消防處稱檢控否看證據

據消防處網頁,處方正式就兩承辦商展開問責程序,本周五早上9時半在將軍澳消防及救護學院教學大樓展開紀律委員會聆訊。

根據《消防(裝置承辦商)規例》,如消防處長認為承辦商曾就消防裝置或設備的裝置、保養、修理或檢查工作涉不當行為或疏忽而被法庭定罪,或曾干犯有關罪行,可轉介紀律委員會跟進。惟委員會可作出的紀律處分只包括譴責、將承辦商暫時從註冊紀錄冊中除名或永久除名。

范凱傑:偽造證明書限6個月告

刑事責任方面,翻查資料,助理消防處長(牌照及審批)姜世明曾在聽證會稱,中華發展無派員到場便提交SDN屬虛假陳述,至少已違反《消防(裝置及設備)規例》。該例列明,註冊承辦商發出或送交虛假或帶誤導證明書,一經定罪最高可被罰款5萬元。

執業大律師、立法會選委界別議員范凱傑分析,上述針對提交虛假或帶誤導證明書的檢控時限,為罪行發生後6個月內,但事件中由承辦商交有問題證明書一刻計,至今已逾半年,有可能已過檢控時限。不過,他補充,若處方研判案情屬涉持續違例,則有可能仍未過檢控時限;而視乎情况,若提交者明知而在證明書中作出虛假陳述以誘使執法部門不作為,則有可能干犯欺詐或串謀欺詐一類的可公訴罪行,這類控罪無檢控時限,罪成可判囚14年。

湯家驊料宏泰刑責難究 中華發展可告

資深大律師湯家驊認為,據早前聽證會案情,中華發展的欺詐成分應不僅局限於消防條例,相信可循其他刑事條例控告,但涉知情不報的宏泰消防,刑事責任可能較難成立,因未必可證明其有犯罪意圖,災民或只能靠自己經民事追討賠償。

本報向消防處查詢兩承辦商具體違反了什麼規例、是否因已超出檢控時限無法檢控消防罪行、會否改控其他刑事條例,處方回覆時稱個案已進入紀律研訊程序,不宜評論,又指刑事檢控與紀律程序屬不同性質,如個案同時涉刑事及紀律事宜,會按情况及證據適時採取檢控/紀律行動。

大火後修例 管理層不作為須負刑責

政府在大火後提出修訂《消防條例》,將增罰則及刑責,例如簽發虛假消防證明書,會由現時僅罰5萬元,增至經公訴程序定罪可罰款300萬元及監禁3年;若公司違法是由於管理層「疏忽」及「不作為」,該管理層亦要負個人刑責。保安局長鄧炳強早前稱,是為針對宏福苑事故後發現有公司管理層知而不理的情况。修例亦提出延長消防罪行的檢控時限,以消防處發現罪行起計1年內。

不過,范凱傑稱,一般施加刑事責任的法律都不會有追溯條款,相信執法部門會考慮現有法例框架下所有可檢控罪行,不會輕易放過任何違法行為。

(宏福苑大火)

What to Watch

AI outlook — possibilities, not facts

  • 消防處將在紀律委員會聆訊後決定對中華發展和宏泰消防的紀律處分

    Very likely · Within days

  • 政府將推動消防條例修訂,以加強對管理層不作為的刑責追究

    Very likely · Within weeks

Open Questions

  • 消防處是否會因超出六個月檢控時限而無法對虛假證明書行為提出刑事檢控?
  • 宏泰消防是否構成刑事責任?
  • 修訂後的消防條例是否會追溯適用於此案?

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