Source: Hong Kong Government special administrative region
Three property owners were convicted and fined over $400,000 in total by the court late last month and early this month respectively for failing to comply with statutory orders issued under the Buildings Ordinance (BO) (Cap. 123).
The first case involved the alteration of 14 units on two floors into mini-storage areas in an industrial building at Hi Yip Street, Yuen Long. The alteration and addition works were carried out without prior approval and consent from the Buildings Department (BD) and obstructed the means of escape and access for firefighting and rescue units, while affecting the fire resistant construction of the building, which contravened the Building (Planning) Regulations and the Building (Construction) Regulation. The alterations also rendered the building as dangerous, therefore removal orders and repair orders were served on the owner under section 24(1) and section 26 of the BO.
Failing to comply with the removal orders and the repair orders, the owner was prosecuted by the BD and was fined $220,690 in total, of which $38,690 was the fine for the number of days that the offences continued, upon conviction at the Tuen Mun Magistrates’ Courts on March 28.
The second case involved unauthorised building works (UBWs) at a three-storey house at Yu Chui Street, Tai Lam, Tuen Mun, which included the removal of the approved railing at a garden adjoining the slope and the construction of unauthorised structures with an area of about 400 square metres on the slope. The illegal works also included the removal of an external wall and the erection of an unauthorised structure with an area of about 10 sq m on the lower ground floor, the erection of an unauthorised structure with an area of about 20 sq m on the flat roof, and the erection of supporting frames for solar panels with an area of about 28 sq m on the roof. As the UBWs were carried out without prior approval and consent from the BD, removal orders were served on the owner under section 24(1) of the BO.
Failing to comply with the orders, the owner was prosecuted by the BD and was fined $100,860 in total by the court, of which $42,860 was the fine for the number of days that the offence continued, upon conviction at the Tuen Mun Magistrates’ Courts on March 28.
The third case involved an unauthorised structure with an area of about 130 sq m on the flat roof of a residential building at Tung Ming Street, Kwun Tong. As the UBWs were carried out without prior approval and consent from the BD, a removal order was served on the owner under section 24(1) of the BO.
Failing to comply with the removal order, the owner was prosecuted by the BD in 2017 and was fined $25,650 upon conviction by the court. As the owner persisted in not complying with the removal order, the BD instigated prosecution again last year. The owner was subsequently fined $84,460, of which $54,460 was the fine for the number of days that the offence continued, upon conviction at the Kwun Tong Magistrates’ Courts on April 1.
A spokesman for the BD said today (April 15), “UBWs, including the unauthorised alterations causing obstruction to the means of escape and means of access for firefighting and rescue, or affecting the fire resisting construction of a building, may lead to serious consequences. The owners concerned must comply with the statutory orders issued by the BD without delay. The BD will continue to take enforcement action against owners who fail to comply with statutory orders, including instigation of prosecution, to ensure building safety.”
Failure to comply with a removal order without reasonable excuse is a serious offence under the BO. The maximum penalty upon conviction is a fine of $200,000 and one year’s imprisonment, and a further fine of $20,000 for each day that the offence continues. Moreover, failure to comply with a repair order without reasonable excuse is a serious offence. The maximum penalty upon conviction is a fine of level 5 ($50,000 at present) and one year’s imprisonment, and a further fine of $5,000 for each day that the offence continues.