Source: Hong Kong Government special administrative region
Parties ordered to pay $0.58 million in fines and demolition costs for unlawful occupation of government land in Tuen Mun Villa Cornwall case
The convicted parties in this case unlawfully occupied a piece of government land of approximately 1 450 square metres adjoining a detached house in Tuen Mun named “Villa Cornwall” and erected illegal structures on the land. In November 2023, the LandsD issued a statutory notice under the Land (Miscellaneous Provisions) Ordinance to the parties concerned, requiring them to cease occupying the government land and demolish the illegal structures thereon. As the parties failed to comply with the statutory notice before the required date, the LandsD took possession of and fenced off the government land in February 2024. Upon the completion of its investigation, the LandsD instituted prosecution against the offenders in August of the same year.
The spokesperson said, “Unauthorised erection of structures on unleased government land and failure to comply with the statutory notice to cease occupation of government land are both criminal offences. Members of the public should not defy the law. The LandsD will continue to take enforcement action against cases of unlawful occupation of government land, including prosecuting offenders.”
Under the Land (Miscellaneous Provisions) Ordinance, any person who without reasonable excuse does not cease to occupy government land as required by the statutory notice is liable to prosecution. Upon conviction, the offender is liable to a maximum penalty of a fine of $500,000 and imprisonment for six months on the first occasion, and to a maximum further fine of $50,000 for each day during which the offence continues. The offender, if convicted on each subsequent occasion, is liable to a fine of up to $1,000,000 and imprisonment for six months, and to a maximum further fine of $100,000 for each day during which the offence continues. Moreover, any person who is engaged in any way in the erection of a structure on unleased government land, or who arranges or directs the erection of a structure on unleased government land, is also liable to prosecution. The offender, on the first conviction for a gainful purpose, is liable to a maximum penalty of a fine of $2,500,000 and imprisonment for one year; and on each subsequent occasion of conviction, a maximum fine of $5,000,000 and imprisonment for one year. If convicted for other purposes (i.e. other than a gainful purpose), the offender is liable to a maximum penalty of a fine of $500,000 and imprisonment for six months on the first occasion, and a maximum fine of $1,000,000 and imprisonment for six months on each subsequent occasion of conviction.
Issued at HKT 23:10
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