Interior designer and contractor fined $260,000 in total for contravention of Buildings Ordinance
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The case involved the removal of part of a structural wall in a unit at The Capitol, Lohas Park, between 2022 and 2023. An investigation by the Buildings Department (BD) found that the interior designer and the contractor responsible for the renovation of the unit concerned knowingly carried out the works without prior approval and consent from the BD, thereby contravening section 40(1AA) of the BO. Moreover, the removal of part of the structural wall by the contractor was carried out in such a manner as was likely to cause a risk of injury to any person or damage to any property, thereby contravening section 40(2B)(b) of the BO. Hence, the BD instigated prosecution action under the BO against the interior designer and the contractor in May last year. The interior designer and the contractor were convicted and fined $60,000 and $200,000 respectively at the Kwun Tong Magistrates' Court today.
In addition, the BD has also instigated prosecution action against the owner of the concerned unit for contravening sections 40(1AA) and 40(2B)(b) of the BO. The hearing is adjourned to August 28.
A spokesman for the BD said that any person who intends to carry out alteration and addition works should consult building professionals for advice, including the feasibility of the works, and where necessary, apply for approval and consent from the BD to ensure building safety and compliance with the Buildings Ordinance (BO). Building professionals and contractors are required to carefully examine the approved plans and other relevant documents to observe the relevant requirements under the BO, and to ascertain whether prior approval from the BD should be obtained before commencement of the works to ensure the safety of the occupants and the structural safety of the building.
Pursuant to section 40(1AA) of the BO, any person who knowingly contravenes section 14(1) of the BO (i.e. commences or carries out any building works without having first obtained approval and consent from the BD) shall be guilty of an offence and liable upon conviction to a fine of $400,000 and to imprisonment for two years, and a further fine of $20,000 for each day that the offence continues.
Pursuant to section 40(2B)(b) of the BO, any person directly concerned with the relevant building works, who carries out or authorises or permits such works to be carried out, in such manner that it is likely to cause a risk of injury to any person or damage to any property, shall be guilty of an offence and liable upon conviction to a fine of $1,000,000 and to imprisonment for three years.
Ends/Tuesday, June 24, 2025
Issued at HKT 17:45
Issued at HKT 17:45
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