Three owners were convicted and fined $225,320 in total at the Tuen Mun Magistrates' Courts last Friday (June 12) for failing to comply with statutory orders issued under the Buildings Ordinance (BO) (Cap. 123).  

     The first case involved an unauthorised structure with an area of about 32 square metres on the roof of a village house on a lot at D.D. 115, Yuen Long. Since the Lands Department would not issue a certificate of exemption for the unauthorised building works (UBWs) and the UBWs were carried out without prior approval and consent from the Buildings Department (BD), a removal order was served on the owner under section 24(1) of the BO. Failing to comply with the removal order, the owner was prosecuted by the BD and was convicted and fined $102,600 in total, of which $62,600 was the fine for the number of days that the offence continued.

     The second case involved alteration of two adjoining units into mini-storage units in an industrial building on San On Street, Tuen Mun. As the alteration and addition works obstructed the means of escape and means of access for firefighting and rescue, contravening the Building (Planning) Regulations, two removal orders and two repair orders were served on the two owners under section 24(1) and section 26 of the BO. Failing to comply with the statutory orders, the owners were prosecuted by the BD and were convicted and fined $122,720 in total, of which $62,720 was the fine for the number of days that the offence continued. 

     A spokesman for the BD said today (June 15), "UBWs, including the unauthorised alterations causing obstruction to the means of escape and means of access for firefighting and rescue, or affecting the fire-resisting construction of a building, may lead to serious consequences. Owners must comply with removal orders without delay. The BD will continue to take enforcement action against owners who fail to comply with removal orders and repair orders, including instigation of prosecution, to ensure building and public 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 up to $20,000 for each day that the offence continues. Moreover, failure to comply with a repair order without reasonable excuse is also 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 up to $5,000 for each day that the offence continues.

Ends/Monday, June 15, 2026
Issued at HKT 14:30

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