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In response to media enquiries regarding the application for closure order in relation to a building at Ma Tau Wai Road, To Kwa Wan, for the purpose of removal of the unauthorised building works (UBWs) therein, the Buildings Department (BD) today (September 7) responded as below:
The BD, on August 31, 2011, served ten notices of intention to apply for closure orders on several flats. The owners concerned were informed that in relation to the UBWs inside their properties, the BD would apply for closure orders for their properties from the Court on September 8, 2011, in accordance with s27(1)(a)(ii) of the Buildings Ordinance (BO). The closure of the properties concerned would facilitate removal works by Government contractors without causing hazard to the occupants or members of the public.
The BD staff conducted a site inspection recently and confirmed that the owners concerned had, in compliance with the removal orders, carried out the works required by the orders. There was thus no need to apply for closure orders from the Court.
On the other hand, regarding the removal orders already issued, since the owners concerned failed to comply before the deadline stated in the removal orders, the BD has initiated prosecution action against them in accordance with established procedures and the provision of s40(1BA) of the BO. Any person who fails without reasonable excuse to comply with a removal order for UBWs shall be liable on conviction to a fine of $200,000 and imprisonment for one year.
A BD spokesman stressed that as an enforcement department against UBWs, the BD is determined to take stringent enforcement action against UBWs that threaten public safety, in particular UBWs associated with sub-divided units which seriously obstruct fire escape routes. The BD has decided to take stringent enforcement action against those owners who failed to comply with the removal orders and proceeded with prosecution for deterrent effect.
The spokesman added that it was the basic responsibility of owners to maintain the safety of their buildings and, for this purpose, to carry out regular inspection and timely maintenance and repair of their buildings. The BD will continue to regulate building works under the BO stringently with a view to ensuring public safety.
The subject building is an eight-storey composite building issued with an occupation permit in October 1957. According to the approved plans of the building, there were two flats for domestic use (approved flats) on each floor from 1/F to 7/F. Twelve out of the 14 approved flats had been sub-divided into a total of 39 sub-divided units.
Immediately after the fatal fire incident in June 2011, BD staff conducted thorough inspections of the building concerned. Various UBWs, including partition walls for sub-division of the approved flats that obstructed the means of escape to the rear staircase, unauthorised openings formed in the fire-resisting enclosures of the staircase, metal gates affecting means of escape, and others, were identified in various locations in the building. A total of 12 removal orders were thus issued in accordance with the BO to the relevant owners on June 30, 2011, requiring them to remove the UBWs or rectify the irregularities within 60 days.
Ends/Wednesday, September 7, 2011
Issued at HKT 16:45
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