LCQ21: Fire safety of old buildings
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Question:
It has been reported that a No. 3 alarm fire broke out at New Lucky House in Jordan in April last year, resulting in five deaths and 40 injuries of members of the public. This Council subsequently passed the Fire Safety (Buildings) (Amendment) Bill 2024 (the Bill) in December last year to enable the Government to carry out fire safety improvement works for target building owners who fail to comply with the Fire Safety (Buildings) Ordinance, and to increase the penalties imposed on persons who fail to comply with Fire Safety Directions, etc., so as to enhance the fire safety standards of old buildings. However, it is learnt that at present, there are still cases with, among others, public passageways obstructed by miscellaneous articles and smoke stop doors not closed in individual composite buildings and factory buildings. In this connection, will the Government inform this Council:
(1) given that the Hong Kong Fire Services Department (FSD) indicated in January this year that the authorities had inspected about 1 000 old buildings with higher risk and issued more than 8 600 Fire Hazard Abatement Notices (FHANs), of the percentage of "three-nil buildings" among such buildings, the number of persons prosecuted and convicted, and the reasons why they were prosecuted, with a breakdown by the 18 districts across the territory;
(2) given that the authorities issued FHANs to or took enforcement actions against the non-compliant buildings during the inspections of the buildings mentioned in (1), of the compliance rate of the buildings concerned so far; whether the authorities will further inspect the buildings concerned on a regular basis; if so, of the details;
(3) of the number of old buildings which the authorities will proactively inspect in the coming year;
(4) given that according to the paper submitted by the Government to the Panel on Security of this Council in December last year, the FSD will select 10 to 20 old buildings at the initial stage after the passage of the Bill for the Government to carry out defaulted works, of the number of buildings finally selected by the authorities, as well as their names, and the number of three-nil buildings among such buildings; the progress and estimated costs of the relevant works;
(5) whether the authorities will consider increasing the number of buildings for which defaulted works will be carried out; if so, of the details; if not, the reasons for that; and
(6) as it is learnt that although the FSD is inviting some owners of old buildings to participate in the Pilot Scheme on the Internet of Things (IoT) fire detection system (the Scheme) which aims to make use of IoT technology by installing sensors inside flats or in the public areas of buildings, so that in the event of a fire, the sensors will transmit the relevant information directly to the FSD, thereby speeding up the efficiency of the authorities in carrying out fire-fighting operations, only a small number of buildings in each district are invited to participate in the Scheme, of the details of the Scheme and the criteria adopted by the authorities for inviting building owners to participate in the Scheme?
Reply:
President,
Fire safety of buildings is a matter of great concern to the Government. A multi-pronged approach has been taken to improve the fire safety standards of old buildings.
With regard to law enforcement, the Fire Services Department (FSD) handles fire hazards in buildings (including old buildings) in accordance with the Fire Services Ordinance (Cap. 95). Generally speaking, during the inspections of buildings in respect of fire safety or complaints, if it is discovered that the means of escape are obstructed or locked, the smoke stop doors are left open or defective, the fire service installations or equipment (FSIs) are not in efficient working order or have not undergone annual inspection, etc., the FSD will issue a Fire Hazard Abatement Notice (FHAN) or instigate prosecution against the relevant parties.
Moreover, in respect of legislation, to enhance the fire safety standard of old buildings, the Government enacted the Fire Safety (Buildings) Ordinance (Cap. 572) (the Ordinance) which stipulates that composite and domestic buildings constructed in or before 1987 (target buildings) must be enhanced to meet modern fire protection requirements. Being the enforcement authorities (EAs), the FSD and the Buildings Department (BD) conduct joint inspections of target buildings across the territory in a systematic manner, and in light of the actual condition of the buildings and in accordance with the requirements of the Ordinance, issue Fire Safety Directions (Directions) to the owners or occupiers, specifying the required fire safety improvement works. There are about 14 000 target buildings regulated under the Ordinance. As of end-May 2025, about 11 430 target buildings have been inspected and over 400 000 Directions have been issued. Among those issued Directions, about 40 per cent of them have been complied with or discharged, with the remaining some 60 per cent are being followed-up on. Most of these target buildings are making positive progress in taking forward fire safety improvement works and some are in the early stages showing initial progress in complying with the requirements of the Ordinance. Some other buildings face genuine difficulties in co-ordinating efforts, e.g. some building owners being missing or untraceable, making it impossible to co-ordinate relevant works. For cases lacking progress without reasonable excuse, the EAs will progressively instigate prosecutions against relevant buildings.
The Government has been proactively providing various kinds of support (including support on financial aspects, co-ordination among owners and technical aspects) to owners of old buildings, assisting them in carrying out fire safety improvement works. To further enhance the fire safety standards of target buildings, amendments were made to the Ordinance, with the relevant Amendment Ordinance came into effect on December 13, 2024, empowering the FSD and the BD to carry out fire safety improvement works for owners who have failed to comply with the requirements of the Ordinance ( defaulted works), and to recover the relevant fees from them upon completion of the works. In addition, the above-mentioned Amendment Ordinance has also introduced different measures with a view to driving owners' compliance with the requirements of the Ordinance on their own initiative. The FSD and the BD, as the EAs, are proactively implementing the relevant targeted measures.
My reply to the questions raised by the Hon Cheng is as follows:
(1) In response to the tragic fire at New Lucky House occurred in April 2024, the FSD proactively conducted, under a risk-based principle, about 8 200 inspections against some 1 000 old composite buildings with relatively higher fire risk. A total of 8 661 FHANs were issued during the inspections. The number of FHANs issued to "three-nil buildings", and the number of successful prosecutions and convictions, are tabulated by District Council districts distribution below –
| Districts | Of the total of 8 661 FHANs issued by FSD | |
| The number of FHANs issued to "three-nil buildings" | The number of successful prosecutions and convictions | |
| Islands | 0 | 0 |
| Central & Western | 71 | 6 |
| Wan Chai | 23 | 21 |
| Eastern | 101 | 1 |
| Southern | 16 | 0 |
| Kowloon City | 169 | 54 |
| Kwun Tong | 98 | 14 |
| Wong Tai Sin | 28 | 2 |
| Yau Tsim Mong | 416 | 179 |
| Sham Shui Po | 1 074 | 40 |
| Tsuen Wan | 21 | 0 |
| Kwai Tsing | 0 | 0 |
| Tuen Mun | 0 | 0 |
| Sha Tin | 0 | 0 |
| Sai Kung | 0 | 0 |
| Tai Po | 14 | 2 |
| North | 0 | 0 |
| Yuen Long | 81 | 5 |
| Total | 2 112 | 324 |
In respect of the reasons for instigating prosecution, a majority number of cases involved smoke stop door-related irregularities (involving 259 cases), followed by obstruction to means of escape (involving 42 cases) and FSI-related irregularities (involving 23 cases).
(2) & (3) With respect to the proactive inspections mentioned in (1) above, a total of 8 661 FHANs were issued by the FSD. As of end-June 2025, over 90 per cent of them had been complied with.
To further step up law enforcement actions against fire hazards in target buildings, the FSD has established the Building Improvement Special Duty Team (known as the Divisional Public Safety Team) in March 2025 in Hong Kong Island, Kowloon and New Territories regions respectively to enhance district-based risk management efforts. In the coming year, the FSD will proactively carry out inspections of 1 800 old buildings, strengthening law enforcement and enhancing fire safety education.
(4) As far as the implementation of the defaulted works mechanism is concerned, we have established a clear, objective and transparent mechanism to set a threshold and to prioritise defaulted works. During the initial stage of the defaulted works mechanism, a pilot scheme will be implemented by the EAs, under which 10 target buildings have been selected for the Government to carry out defaulted works, among which, more than half of them are "three-nil buildings". The EAs plan to award works consultancy and contractor contracts in the third quarter of 2025, and it is expected that contractors may commence the works in the fourth quarter of 2025 and the defaulted works for the first building will be completed by mid-2026.
The EAs are in the procurement process for engaging works consultants and contractors. Therefore, cost of works is yet to be available. Following the completion of investigation and assessment on the defaulted works by the works consultants appointed by the EAs, the EAs may make available to the building owners concerned the initial proposal and preliminary total cost estimate for the defaulted works.
As mentioned above, in addition to the introduction of defaulted works, we also introduced different measures in the legislative amendment exercise on the Ordinance, with a view to driving owners' compliance with the requirements of the Ordinance on their own initiative. One of those measures introduced is on publishing information of Directions, etc. on the EAs' websites, providing members of the public and prospective buyers with information about the compliance status of target buildings with the Ordinance, further driving owners to carry out fire safety improvement works. To this end, the FSD and the BD have respectively published on their websites (Note) information about Directions or Fire Safety Compliance Orders (FSCOs), etc. (i.e. the address of the building or part to which the Direction/FSCO relates, the serial number, date of issue and compliance status of the Direction and FSCO). This will allow members of the public (including the prospective buyers/tenants of target buildings units) to have better knowledge of the outstanding legal liabilities of the target buildings, thereby encouraging owners to comply with the requirements of the Ordinance.
(5) When implementing the pilot scheme, the EAs will closely monitor the implementation and execution of the defaulted works mechanism, and maintain close co-ordination with relevant government departments, in order to ensure its effective operation in a sustainable manner. The EAs will decide on the number and schedule of defaulted works per annum after consolidating the experience, taking into account factors such as the industry's capacity to undertake such works, and formulate long-term and holistic strategies for the mechanism, with a view to assisting owners with genuine difficulties in enhancing the fire protection of old buildings. The EAs expect that defaulted works can be carried out for around 20 to 60 target buildings each year.
(6) The FSD has long moved with the times and made good use of innovative technologies to enhance operational efficiency and bring convenience and benefits to the public. Looking ahead, the FSD will explore the collaboration with telecommunication service providers to promote smart firefighting, accelerate digital transformation, and explore innovative application of technologies, such as 5G, big data, the Internet of Things (IoT), and artificial intelligence in rescue, fire prevention and emergency management. This includes exploring the use of IoT technology to transmit data from fire detectors directly to the FSD's system for early fire detection, etc., the purpose of which is to enhance the fire safety standard of buildings while holistically improving the level of intelligentisation and informatisation in firefighting. The FSD is currently undertaking preliminary preparatory work for implementing the relevant scheme (including considering a basket of factors, such as building age, number of building storeys, and whether it is a "three-nil building", etc., in order to select suitable buildings for the pilot scheme). As in the cases of implementing other new measures, after exploring the application of the aforesaid technologies for the implementation of the pilot scheme, the FSD will consolidate relevant experience and review the effectiveness for considering the way forward of the relevant initiative.
Note:
FSD's relevant website is at fsdns.hkfsd.gov.hk/en
BD's relevant website is at www.bd.gov.hk/en/resources/online-tools/search/index.html
Ends/Wednesday, July 16, 2025
Issued at HKT 15:05
Issued at HKT 15:05
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