法律援助署五十周年紀念特刊 | Legal Aid Department 50th Anniversary Commemorative Publication

法援服務、關愛惠民 Legal Aid for the People P.62 業主立案法團疏忽釀致命意外 Fatal accident due to negligence of incorporated owners 上訴人：梁振雄及另一人 Appellant: Leung Tsang Hung and another 答辯人：國榮大廈業主立案法團 Respondent: The Incorporated Owners of Kwok Wing House 終審法院判決日期：2007年10月26日 Date of Court of Final Appeal Judgment: 26 October 2007 類別：人身傷害 Category: Personal injuries 個案重溫 Case Study Arguments of Both Parties 雙方的理據 ． 上訴人認為該單位的業主及租客，及業主立案法團 均需負上責任。 ． 答辯人則認為該單位的加建部分的保養或修葺由業 主及租客負責，業主立案法團並無責任進行有關保 養或修葺。 ． 該混凝土塊塌下是由潛在的建築缺陷所致，這是目 視勘察無法發現的。 Court of First Instance and Court of Appeal Judgments 原訟法庭及上訴法庭的判決 ． 業主立案法團既非該加建部分的擁有人或佔用人， 亦沒有權就該加建部分作出管制，故此並無責任 修葺或檢查該加建部分。 ． 法庭裁定該單位的租戶及業主均須承擔法律責任， 但撤銷針對業主立案法團提出的申索。 ． 上訴法庭駁回上訴人的上訴。 ． 上訴人上訴至終審法院。 相關爭議 ． 1999年8月10日，一名於通菜街擺賣的女小販遭從 毗鄰建築物國榮大廈墮下的混凝土塊擊中斃命。 ． 有關混凝土塊來自該大廈一個單位的頂篷的加建 部分，而該加建部分並不符合《建築物（建造） 規例》的要求。 Dispute ． On 10 August 1999, a female hawker was struck dead by a piece of concrete which had fallen from the Kwok Wing House, while she was plying her trade at Tung Choi Street. ． The concrete came from the extended part of the canopy of a flat of the building, which was not in conformity with the requirements of the Building (Construction) Regulations. ． The Appellant considered that the owner and occupier of the flat as well as the incorporated owners should be liable. ． The Respondent argued that it was the duty of the owner and the tenant to maintain or repair the flat or the extended part and the incorporated owners had no duty to maintain it. ． The fall of the concrete was caused by a latent defect which could not have been discovered by visual inspection. ． The incorporated owners had no duty to repair or to inspect the extended canopy, as they were neither owners nor occupiers of the extended canopy and had no control over it. ． The tenant and owner of the flat were held liable but the claim against the incorporated owners was dismissed. ． The Court of Appeal dismissed the appellant's appeal. ． The appellant appealed to the Court of Final Appeal. 終審法院民事上訴2007年4號 FACV No.4 of 2007