Five property owners fined over $470,000 in total for not complying with statutory orders
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The first case involved an unauthorised structure with an area of about 24 square metres on a flat roof and an opening formed at an enclosure wall of a common corridor of a residential building on Boundary Street, Kowloon. The unauthorised building works (UBWs) and the alteration works were carried out without prior approval and consent from the Buildings Department (BD) and affected the fire-resisting construction of the building, which contravened the BO and the Building (Construction) Regulation. Therefore, a removal order was served on the two co-owners under section 24(1) of the BO.
Failing to comply with the removal order, the two co-owners were prosecuted by the BD and were fined $103,800 in total, of which $93,800 was the fine for the number of days that the offence continued, upon conviction at the Kowloon City Magistrates' Courts on April 9.
The second case involved an alteration of four units into mini-storages in an industrial building at Kin Wing Lane, Tuen Mun, while the third case involved the alteration of five units into mini-storages in an industrial building at Ng Fong Street and Sze Mei Street, Kowloon. These alteration and addition works were carried out without prior approval and consent from the BD and obstructed the means of escape and access for fire fighting and rescues, while affecting the fire-resisting 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 owners concerned under section 24(1) and section 26 of the BO.
Failing to comply with the removal orders and the repair orders, the two owners in the second case were prosecuted by the BD and were fined $259,500 in total, of which $151,500 was the fine for the number of days that the offences continued, upon conviction at the Tuen Mun Magistrates' Courts on April 11, whereas the owner of the third case was fined $114,440 in total, of which $88,440 was the fine for the number of days that the offences continued, upon conviction at the Kowloon City Magistrates' Courts on April 16.
A spokesman for the BD said today (April 28), "UBWs, including unauthorised alterations causing obstruction to the means of escape and means of access for fire fighting and rescues, 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.
Ends/Monday, April 28, 2025
Issued at HKT 11:00
Issued at HKT 11:00
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