Four property owners fined over $290,000 for not complying with statutory orders
Four owners were convicted and fined $290,630 in total at the Kowloon City Magistrates' Courts on December 3 for failing to comply with statutory orders issued under the Buildings Ordinance (BO) (Cap. 123).
The first case involved a metal frame on and over a canopy at the common area of an industrial building on Castle Peak Road, Sham Shui Po. As the unauthorised building works (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 $89,080 in total, of which $83,080 was the fine for the number of days that the offence continued.
The second case involved a flat roof structure with an area of about 11.5 square meters of a composite building on Reclamation Street, Mong Kok. As the UBWs were carried out without prior approval and consent from the 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 $74,590 in total, of which $64,590 was the fine for the number of days that the offence continued.
The third case involved an alteration of a mini-storage unit in an industrial building on Bute Street, Mong Kok. As the alteration and addition works obstructed the means of escape and means of access for fire fighting and rescue, contravening the Building (Planning) Regulations, a removal order and a repair order were served on the owner under section 24(1) and section 26 of the BO respectively. Failing to comply with the statutory orders, the owner was prosecuted by the BD and was convicted and fined $69,760 in total, of which $57,760 was the fine for the number of days that the offence continued.
The fourth case involved alteration of protected lobby at the front staircase of two composite buildings on Sai Yeung Choi Street South, Mong Kok. As the alteration works affected the fire-resisting construction of the buildings, contravening the Building (Construction) Regulation, two removal orders were served on the owner under section 24(1) of the BO. Failing to comply with the removal orders, the owner was prosecuted by the BD and was convicted and fined $57,200 in total, of which $48,200 was the fine for the number of days that the offence continued.
A spokesman for the BD said today (December 5), "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, 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.
