******************************************************
In order to step up enforcement action against illegal sub-divided domestic cubicles in industrial buildings to protect public safety, the Buildings Department (BD) was granted a closure order, applied for by the BD on March 7, by the District Court today (March 12) to close down certain floors of 78 and 78A Larch Street, Kowloon, in order to facilitate the BD's arrangement to clear the unauthorised building works (UBWs) on the floors concerned by government contractors. After receiving the closure order, the BD closed the floors concerned with the assistance of police officers. The closure operation was carried out smoothly as all the occupants of the subject premises had already moved out on or before March 7. The BD will make arrangements for government contractors to demolish the UBWs on the floors concerned shortly.
"Changing industrial premises to domestic use poses a serious fire risk to the occupants, while the erection of partition walls may render the fire escape route in the premises inadequate. To ensure public safety, the BD needs and is determined to take stringent enforcement action against such irregularities. To this end, the BD will carry out large-scale enforcement action against sub-divided domestic cubicles in 30 industrial buildings each year starting from April 2012. Such enforcement action includes issuing orders to the owners requiring removal of UBWs and/or discontinuing the present domestic use, as well as instigating prosecution actions more readily against owners who contravene the Buildings Ordinance (Cap. 123)," the spokesman stressed.
The building located at 78 and 78A Larch Street was issued with an occupation permit in July 1962. According to the approved building plans, the design and construction of the building was intended for industrial use. However, earlier inspections carried out by BD staff revealed that UBWs had been erected on the podium flat roof and rooftop of the building. The floor space within these UBWs and certain floors of the building had also been partitioned into some 60 sub-divided cubicles used for domestic purposes. As the owner failed to comply with the statutory orders served by the BD in April 2009, April 2011 and September 2011, the BD decided to apply for a closure order from the court to close down the floors concerned and to arrange for its contractors to demolish the UBWs so as to protect the safety of the occupants and the public. The BD will also recover from the owner the cost of the works and the supervision charge.
"In order to allow more time for those affected to relocate, the BD notified the occupants of the arrangements and posted 'notices of intention to apply for closure orders' (NOI) at conspicuous locations at the building on December 29 last year. It has always been the Government's policy to ensure that no one will be rendered homeless due to its enforcement action. As such, over the past two months, the BD has made arrangements in collaboration with the Housing Department, the Social Welfare Department and the Home Affairs Department to offer appropriate financial, rehousing and social assistance to the affected occupants based on their eligibility," the spokesman said.
The spokesman added that the BD has so far granted the relocation allowance of the Community Care Fund to 37 eligible occupants. Social workers from the BD have also assisted the affected occupants in applying for allowances offered by other organisations and seeking alternative accommodation, such as hostels managed by voluntary organisations and domestic units in private buildings. In fact, with the assistance from the BD's social workers, over 60 households from the floors concerned at the building were able to move out smoothly earlier on.
In view of the fact that some vacated cubicles had been reoccupied in early 2012, the BD has already taken a series of measures to remind occupants who have newly moved in, as well as prospective tenants, of the BD's enforcement action. In particular, after the first posting of the NOI on December 29, 2011, the notice was reposted on the floors concerned again by BD staff on February 3 and February 22, 2012. Moreover, social workers from the BD have carried out three day visits and 17 night visits since December 29, 2011, to explain to the occupants the details of the BD's enforcement action.
The spokesman once again reminded owners of industrial buildings not to change their units to domestic use, and warned that owners who contravene the relevant legislation or fail to comply with statutory orders can be prosecuted. Furthermore, for their own safety, occupants of such sub-divided units should move out of the units as soon as possible, while others should refrain from living in industrial buildings. Any person who makes rental arrangements should also enquire about the approved intended use of the unit and avoid renting and living in premises only intended for industrial use. To ascertain the approved intended use of the premises, prospective tenants should pay attention to the name and location of the building, the interior design of the premises and, where necessary, check the occupation permit, approved building plans and other relevant information about a building through the search services of the Land Registry or the BRAVO system of the BD if they are in doubt. To dispel any rumours, the spokesman added that no one displaced by such enforcement actions, including households that have already applied for public rental housing (PRH) via the General Waiting List, would be given an earlier allocation of PRH.
Finally, the spokesman said the BD is extremely grateful to all government departments and voluntary organisations for their efforts, without which the operation could not have been carried out smoothly.
Ends/Monday, March 12, 2012
Issued at HKT 19:41
NNNN
