Without Fear or Favour 2

The Bicycle Lane, one of the Public Recreational Facilities in DB, does not conform to the safety guidelines. Who is responsible?
The Bicycle Lane, one of the Public Recreational Facilities in DB, does not conform to the safety guidelines. Who is responsible?


OPEN LETTER

16 November, 2014

Mr. Vincent Chua
Director
Discovery Bay Services Management Ltd
Discovery Bay
Hong Kong

Dear Vincent,

At about 10:30am on Saturday, 15 November, a cyclist travelling downhill on the Bicycle Lane alongside Discovery Bay Road suffered a bad fall just beyond the junction with Headland Drive and was injured. An ambulance was called, and the cyclist was taken to hospital. The accident occurred when the cyclist tried to negotiate through the gap in the poles installed in the cycle path. A picture of these poles is shown above.

I have on several occasions pointed out to different members of CM staff that the poles are placed too close together and pose a danger to cyclists. In fact, the poles do not conform to the Transport Department’s requirements for a cycle path. For background information on proper signage and aids for a cycle path you may refer to this web page.

With the execution by Hong Kong Resort Company Limited (HKR) in September 2012 of the Undertaking in favour of the Government and the Director of Lands, HKR is now fully responsible for the management and maintenance of the Bicycle Lane in Discovery Bay. I link a copy of the Undertaking for your reference. Given that the Bicycle Lane is one of the Public Recreational Facilities provided in DB by the developer for use by the public at large, I trust that you would agree with me that HKR should ensure that the provision meets the Government standards for cycle paths.

As you are concurrently Assistant General Manager City Management and Transportation for HKR, I would be grateful if you would draw the attention of your colleagues at HKR to the accident, and encourage the Company to make the necessary changes to the signage and aids on the Bicycle Lane to improve safety.

Please also consider the conflict of interest posed by simultaneously serving as Director of the Manager and Assistant General Manager of the developer, in light of the obligations in law of an agent (the Manager) to his principal (the Owners).

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