WORKING NEAR ELECTRICITY SUPPLY LINES

Outline of Electricity Supply Lines (Protection) Regulation

Introduction

Electricity supply lines (i.e. underground electricity cables or overhead electricity lines) transmit and distribute electricity throughout Hong Kong. If a live electricity supply line is severed or damaged during works, there may be a risk of explosion and site workers and others in the vicinity may be exposed to the danger of electric shock or burns. In addition, the electricity supply may be interrupted, causing considerable inconvenience to the public.

In the interests of safety and ensuring the continuity of electricity supply, the Electricity (Amendment) Bill 1999 was enacted on 3 November 1999 to empower the Government to introduce new legislation, namely the Electricity Supply Lines (Protection) Regulation (ESLPR) to deter third parties from damaging electricity supply lines. The objective of the proposed legislation is to regulate works in the vicinity of underground electricity cables and overhead electricity lines owned by the electricity suppliers (i.e. the power companies) with the aim of preventing electrical accidents and power interruption.

Legislative Provisions

The main provisions under the ESLPR are summarized as follows:

  1. The Regulation prohibits the carrying out of certain works in the vicinity of an underground electricity cable or overhead electricity line unless all reasonable steps have been taken to ascertain the existence of the cable or line together with certain information relating to it. In the case of an underground electricity cable, reasonable steps shall not be regarded as having been taken unless a competent person has undertaken an investigation to ascertain the existence of any underground electricity cable within the proposed works site or its vicinity, and the alignment and depth of the cable, and has provided a written report of the findings of his investigation.
  2. The Regulation requires that, in carrying out of the works in the vicinity of electricity supply lines, all reasonable measures shall be taken to prevent the occurrence of an electrical accident or an interruption to the supply of electricity arising from those works.
  3. The Regulation empowers the Director of Electrical and Mechanical Services (the Director) to serve on a person, whom the Director believes to be contravening the Regulation, a remedial notice directing the person to remedy that contravention within a period specified in the notice. It also enables the Director, in the interests of safety, to intervene where there is a failure to comply with a remedial notice by prohibiting further works on the site in the vicinity of the electricity supply lines or by remedying the contravention himself if necessary.
  4. The Regulation empowers the Director to issue and approve a Code of Practice (COP) for the purpose of providing practical guidance in respect of any requirement under the Regulation.
  5. The Regulation empowers the Director to approve a person to be a competent person subject to the compliance of certain training and/or experience requirements necessary for carrying out the works for locating underground electricity cables in a competent manner. In the interests of regulating the quality of work performed by the competent persons, the Director is empowered to suspend or revoke the certificate of approval granted to the person concerned.
  6. If charged with failure to take reasonable steps to ascertain the alignment or other relevant particulars of an electricity supply line, or with failure to take reasonable measures to prevent the occurrence of an electrical accident or interruption to the electricity supply, the charged person shows suitable defence if he can demonstrate that he has complied with the relevant provisions of the COP. In addition, under section 18 of the ESLPR, if charged with failing to take all reasonable measures to ensure that works in the vicinity of electricity supply lines proceed safely and without interruption to the electricity supply, the charged person shows suitable defence if he can demonstrate that the failure in question was due to reliance on information provided by a competent person or an electricity supplier.

Offences and Penalties

  1. For offences regarding failure to take reasonable steps before commencement of the works or failure to take reasonable measures in the course of works, the offender is liable to a fine at level 4 ($25,000) and to imprisonment for 6 months.
  2. If the failure to take reasonable measures in relation to those works results in an electrical accident or an interruption of supply of electricity , the offender is liable to a fine of $200,000 and to imprisonment for 12 months, and in the case of continuing offences, to an additional fine of $10,000 for each day on which the offence continues.
  3. For other offences under the Regulation, the offender is liable to a fine ranging from level 1 ($1,000) up to level 4 ($25,000).

Code of Practice

A Code of Practice (CoP), which prescribes the standard practices with detailed technical guidelines and working procedures on how the legislative requirements can be met, has been drawn up by the Electrical & Mechanical Services Department (EMSD) in consultation with the parties concerned. The revised CoP has been approved by the Director pursuant to regulation 15(1)(a) of the ESLPR, and such approval was published in the gazette on 29 June 2018. By notice of gazette, the Director appointed 29 December 2018 as the day on which the new CoP (2018 Edition) would take effect.

Present Status

The Regulation came into full operation on 1 April 2001.

Enquiries

Electricity Legislation Division
Electrical & Mechanical Services Department
The Government of Hong Kong Special Administrative Region

3 Kai Shing Street, Kowloon, Hong Kong
Tel.No. : 1823 Public Enquiry Hotline (24 hours)
Fax No.: (852) 2895 4929

Note: This outline is NOT a legal document and is prepared for general information only.