Interior designer and contractor fined $260,000 in total for contravention of Buildings Ordinance
An interior designer and a contractor were fined $260,000 in total at the Kwun Tong Magistrates' Courts today (June 24), for contravention of the Buildings Ordinance (Cap. 123) (BO).
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.
HKSAR Government strongly condemns smears on Hong Kong by the US under pretext of the so-called "national emergency"
The Hong Kong Special Administrative Region (HKSAR) Government today (July 11) strongly condemned the government of the United States (US) for, under the pretext ofextendingthe so-called "national emergency", once again overriding the rule of law with politics, and wantonly smearing,by despicable politicalmaneuvers,the work of the HKSARinpreventing, suppressingand imposingpunishment for activities endangering national security in accordance with the law.
A spokesman for the HKSAR Government said, "The US has blatantly and repeatedly breached the international law and the basic norms underpinning international relations, andvainlyinterfered with the internal affairs of the People's Republic of China and Hong Kong matters by extending again the so-called 'national emergency with respect to Hong Kong'. Such act is arbitrary and unreasonable. The US has time and again made skewed remarks about Hong Kong's situation and imposedtheso-called 'sanctions' on Hong Kong, attempting to interfere with Hong Kong's law-based governance and undermine the city's rule of law as well as its prosperity and stability. Their despicable plots are doomed to fail.
"Endangering national security is a very serious offence. No country will watch with folded armsonacts and activities that endanger national security. With at least 21 pieces of lawssafeguarding national securityin the US, the US exposed theirdouble standardsas theypointed fingers at the HKSAR's legal system and enforcement mechanisms to safeguard national security, whiletotally disregarding the constitutional duty and practical needs of the HKSAR to legislate, and the positive effects brought by the enactment of the relevant national security legislation on economic development andtheprotection of human rights."
The spokesman said, "Inoverfive yearsof theimplementation of the Hong Kong National Security Law (HKNSL), the HKSAR law enforcement agencies have been taking law enforcement actions based on evidence and strictly in accordance with the law in respect of the acts of the persons or entities concerned, which have nothing to do with their political stance, background or occupation. The Department of Justice of the HKSAR is in charge of criminal prosecutions under Article 63 of the Basic Law, with all its prosecutorial decisions made on an objective analysis of all admissible evidence and applicable laws. Everyone charged with a criminal offence will receive fair trial strictly in accordance with laws applicable to Hong Kong (including theHKNSL andtheSafeguarding National Security Ordinance (SNSO)) and as protected by the Basic Law and the Hong Kong Bill of Rights."
"Since Hong Kong's return to the motherland, human rights in the city havebeen robustly guaranteed constitutionally by both the Constitution and the Basic Law. The legal framework in safeguarding national security in the HKSAR is in line with relevant international human rights standards. TheHKNSL and the SNSO clearly stipulate that human rights shall be respected and protected in safeguarding national security. The rights and freedoms enjoyed by Hong Kong residents under the Basic Law and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to the HKSAR are protected in accordance with the law."
The spokesman reiterated,"The HKSAR Government will, as always, resolutely, fully and faithfully implement theHKNSL, the SNSO and other relevant laws safeguarding national security in the HKSAR, to effectively prevent, suppress and impose punishment for acts and activities endangering national security in accordance with the law, whilst upholding the rights and freedoms of Hong Kong people in accordance with the law, so as to ensure the steadfast and successful implementation of the principle of 'one country, two systems'. The HKSAR Government strongly demands the US to immediately stop acting against the international law and basic norms of international relationsand interfering in Hong Kong matters which are purely China's internal affairs."
