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Foreword
This Code of Practice ("Code") is approved by Director of Electrical and Mechanical Services and issued in accordance with the provisions of Section 15 of the Electricity Supply Lines (Protection) Regulation ("ESLPR") made under the Electricity Ordinance (Cap.406) ("EO"). Its purpose is to provide practical guidance in respect of the requirements of the ESLPR to ensure that activities carried out in the vicinity of underground electricity cables and overhead electricity lines do not prejudice safety or the continuity of the electricity supply. These requirements are more specifically defined in Section 10(1) and (2) of ESLPR as follows -
"10. Requirements relating to works in the vicinity of electricity supply lines
(1) A person shall not -
(a) carry out or cause or permit another to carry out in the vicinity of an underground electricity cable any works which are below ground level; or
(b) carry out or cause or permit another to carry out in the vicinity of an overhead electricity line works of any kind,
unless before the works are begun all reasonable steps have been taken to ascertain the existence within the proposed works site and its vicinity of any such underground electricity cable and its alignment and depth or of any such overhead electricity line and its alignment, distance from the ground and voltage, as the case may be.
(2) A person who -
(a) carries out or causes or permits another to carry out in the vicinity of an underground electricity cable any works which are below ground level; or
(b) carries out or causes or permits another to carry out in the vicinity of an overhead electricity line works of any kind,
shall ensure that all reasonable measures are taken to prevent the occurrence of an electrical accident or an interruption to the supply of electricity arising from those works."
Section 10(3) of ESLPR stipulates what can be regarded as reasonable steps having
been taken to ascertain the existence of the underground electricity cable and
its alignment and depth for the purpose of complying with Section 10(1)(a) of
ESLPR.
Section 10(4) of ESLPR provides that, subject to the provisions in the section, compliance with the Code shall be deemed to constitute the taking of all reasonable steps and reasonable measures for the requirements of paragraph (a) or (b) of subsection (1) and (2) of Section 10 of ESLPR. Although failure to observe any guidance contained in the Code is not in itself an offence, Section 16 allows that any provision of the Code relevant to a requirement under the ESLPR alleged to have been contravened is admissible in evidence in criminal proceedings and a failure to observe the requirement of such provision in the Code may be relied upon by the prosecution to establish contravention of the requirement under the ESLPR.
However, for a charge of contravening any requirement of Section 10(2)(a) or (b) of ESLPR, Section 18 of ESLPR provides for a defence to the charge if the person charged can show that the failure in question is due to reliance on the information provided by a competent person or an electricity supplier, who is the owner of the electricity supply line concerned.