Owners of three detached houses of Redhill Peninsula fined over $270,000 in total for carrying out unauthorised building works
Owners of three detached houses of Redhill Peninsula pleaded guilty at the Eastern Magistrates' Courts last Thursday (January 8) to carrying out unauthorised building works (UBWs) in contravention of section 14(1) of the Buildings Ordinance (BO) (Cap. 123) , namely, knowingly undertaking building works without prior approval and consent from the Buildings Department (BD). They were fined $275,000 in total by the court.
Redhill Peninsula, Photo by Bastille Post
The BD conducted a large-scale operation in September 2023 to inspect houses along the coastal area of Redhill Peninsula. UBWs were found in a number of detached houses, including the aforementioned three houses. The investigation by the BD found that the owners of the three houses had knowingly carried out the UBWs without the prior approval and consent from the BD, including adding structures to the garden, open yard, living room, bedroom, flat roof and the rooftop, thus contravening section 14(1) of the BO. Hence, the BD instigated prosecution action against the owners under section 40(1AA) of the BO in August and September 2024. They were convicted and fined $130,000, $85,000 and $60,000 respectively last Thursday.
"The BD has already instigated prosecution actions against 30 detached houses on Redhill Peninsula. So far, 24 cases have been convicted by the courts for contravening section 14(1) of the BO. Court hearings for the remaining cases are being rolled out," a BD spokesman said today (January 12).
The spokesman said that property owners should consult building professionals before carrying out building works to ensure compliance with the BO.
Pursuant to section 40(1AA) of the BO, any person who knowingly contravenes section 14(1) (i.e. commencement or carrying out any building works without having first obtained approval and consent from the BD) commits an offence and is liable upon conviction to a maximum fine of $400,000 and imprisonment for two years, and a further fine of up to $20,000 for each day that the offence continues.
The Government will submit a bill to the Legislative Council to amend the BO this year, which will include increasing penalties for offences against serious UBWs to enhance deterrence.
The Buildings Department (BD), Photo source: reference image
HKSAR Government welcomes court's decision to dismiss Chow Hang Tung's application for judicial review on clothing policy for persons in custody
The Hong Kong Special Administrative Region Government welcomes the judgment handed down by the Court of First Instance of the High Court today (January 13) to dismiss Chow Hang Tung's application for judicial review on the clothing policy for persons in custody (PICs).
The court judgment pointed out that the current clothing policy for PICs, including the requirement for female PICs to wear trousers in summer daytime, was formulated by the Correctional Services Department (CSD) as authorised by the Prison Rules. The Court was satisfied that the CSD had the expertise and experience in the relevant context, and that it had carefully considered various factors, taken into account of professional opinion when making the decision, as well as reviewed the policy continuously. The Court ruled that Chow Hang Tung had failed to demonstrate that the current policy constituted less favourable treatment of a particular gender. The Court pointed out that there was currently no factual evidence to support any assertion that there was widespread concern about the health effects of wearing trousers in summer. In addition, the rule was not absolute, but instead allowed individual PICs to apply for exceptional arrangements in special circumstances. At the same time, the Court also rejected Chow Hang Tung's assertion that she had requested to the CSD in July and August 2024 to wear shorts and had been refused.
A spokesman for the Security Bureau said, "The ruling of the Court of First Instance confirmed that the CSD's approach is reasonable, justified and lawful. According to Rule 26 of the Prison Rules, the CSD must provide every PIC with a uniform that meets a scale imposed by the Commissioner of Correctional Services. Over the years, the CSD had appointed task groups from time to time to review the clothing arrangements of PICs. These reviews gave ample consideration to numerous factors, including the type of correctional institutions, PICs' varying daily routines and activities involved, the need for thermal, physical and psychological comfort for PICs of different genders, privacy and decency of PICs and the security, good order and discipline of the prison, so as to continuously refine clothing arrangements according to the prevailing circumstances."
The spokesman stated, "Chow Hang Tung's assertion that she requested to wear shorts in summer and was rejected by the CSD is entirely inconsistent with the facts and was rejected by the Court. Besides, the current clothing policy for PICs already provides a degree of flexibility. For example, a PIC may make an application to wear other clothing on medical or non-medical grounds to the CSD, and the CSD would make appropriate arrangements having considered the actual circumstances and relevant factors."
The CSD will continue to impartially implement the relevant rules of the Prison Rules in accordance with the law and commit to providing a secure, safe, humane, decent and healthy custodial environment.
Source: AI-found images
