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A window servicing and maintenance company has made our window fall out

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  1. #1

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    A window servicing and maintenance company has made our window fall out

    Dear Fellow Geoexpaters,

    l employed a 'professional' window company to check and maintain our windows in our letted flat so it meets government safety standards. They had sent out two unlicenced therefore illegal and unqualified workmen to do it, but they were careless and made the whole window fall out. l think they were going to replace some hinge, frame or component of the window. The window fell from the 15th floor, luckily no one was injured. The two unlicenced workmen quickly left and their boss told a licenced and qualified workman employee to take their place, he was told to blame us for having an old window in poor condition.
    The police were called up and he maintained his lie. At the end, we got given a case number and the qualified workman finally admitted and said his boss would pay for a new window. The boss also spoke to us and said he would pay us 1000HKD.
    The tenant wants the window repaired immediately. The boss is saying that it will be at least a week, as he has to order a window. Surely they can be put up temporary board? anyway, l want to ask who could l threaten to contact to let them know l am serious, as it must be a serious situation for the company to employ unqualified and unlicenced workers.


  2. #2

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    Building's department. Employing unlicensed workers to carry out windows repairs under the gov scheme is a criminal offence. Even if the qualified worker pretends it was him who carried out the repairs he would be prosecuted for negligence.

    Gevening and shri like this.

  3. #3

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    yes it was under the gov scheme, what are the consequences, a fine of 50K? or company closure? the reason l say unlicenced unqualified workers is the two workmen which quickly left the scene, replaced by the qualified employee, just went quiet when we asked him about it. The police surprisingly wouldn't take a statement again from the qualified worker admitting that it wasn't in fact him but two unqualified workers that made the window fall. Further, l was also shocked to be told by the police man that once the CID come, they will either warn or charge me, since it is my property! l got the police officers PC number as well. Should l also complain about the pc's conduct?


  4. #4

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    According to no. 4 the person who dropped the window is responsible:

    https://www.bd.gov.hk/english/servic..._mwis_faq.html


  5. #5

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    I experienced this before. Everyone gets in trouble, the property owner, person occupying the flat and the person responsible. Likely you'll have to go to the police station for interview 2-3 times and then go to court, plead guilty and pay a fine up to 10k. I believe the key point is whether the police were called to the scene or not and whether your window landed on public or private property - but not certain.

    I would lodge a complaint with the police for them to get the CCTV to prove who entered your apartment (they can see the cameras in the lift). Before that evidence disappears.

    Then ask the company to pay for your penalty, if charged. It is also a criminal entry against your name, if you have a visa it will likely be placed on hold until vetted by a committee which is a big pain to deal with.


  6. #6

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    MandM! and others, the police were called to the scene by the security guard working there. It landed in the quiet area of the estate property. I don't see why l would be held responsible. l had contacted a 'professional' company to service our windows, and they are the ones that made it fall out. The 2 workmen which made it fall out quickly left the scene to be replaced by the qualified one, who lied initially, saying it was him who made the window fall out but it was our fault for keeping such an old window there.
    At the end of our meeting with the qualified workman and police, after a long ~2hr wait for the CID, the workman spoke to the police, Police then said we no longer have to wait, window company will take responsibility and pay for the window. yes l think it is a good idea to contact police about the CCTV. how about complain about the police conduct? The boss of the company also said on a call, that he would compensate us 1000HKD if we don't press charges.

    Last edited by Gevening; 10-10-2018 at 11:22 PM.

  7. #7

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    Quote Originally Posted by MandM!:
    I experienced this before. Everyone gets in trouble, the property owner, person occupying the flat and the person responsible. Likely you'll have to go to the police station for interview 2-3 times and then go to court, plead guilty and pay a fine up to 10k. I believe the key point is whether the police were called to the scene or not and whether your window landed on public or private property - but not certain.

    I would lodge a complaint with the police for them to get the CCTV to prove who entered your apartment (they can see the cameras in the lift). Before that evidence disappears.

    Then ask the company to pay for your penalty, if charged. It is also a criminal entry against your name, if you have a visa it will likely be placed on hold until vetted by a committee which is a big pain to deal with.
    Jesus you talk some rubbish.

  8. #8

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    I guess in MandM's case there were victims in which case the owner is held responsible too.


  9. #9

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    Quote Originally Posted by SpeakCantonese:
    Jesus you talk some rubbish.
    Seems you don't know the law....

    Allowing an object to fall from heights, or so it is called.

    You did not prevent the object from falling. You are responsible. It's a serious thing here. Anyway you can report back and let us know what happens.

    How about SpeakCantonese offer to pay your fine since he knows everything

  10. #10

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    Quote Originally Posted by Drunken Master:
    I guess in MandM's case there were victims in which case the owner is held responsible too.
    Owner + Tenant had to go to the police station, pay bail money, go to court, pay a fine. CID did not take lightly to trying to blame the workers who installed the windows. Tried that. Doesn't work. They get more pissed off.

    Responsibility lies with all parties and after the fact, I understand why. Who wants to be walking around with falling windows. It's dangerous. There has to be rules to prevent otherwise everyone plays the blame shifting game. So in HK everyone is at fault in this case.
    HK_Katherine likes this.

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