Three property owners fined over $120,000 in total for not complying with removal orders
Three owners were convicted and fined $127,840 in total at the Fanling Magistrates' Courts yesterday (January 20) for failing to comply with removal orders issued under the Buildings Ordinance (BO) (Cap. 123).
The first case involved three unauthorised structures with a total area of about 63 square metres on the ground floor and rooftop of a detached house at Kwu Tung Road, Sheung Shui. 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 two co-owners under section 24(1) of the BO. Failing to comply with the removal order, they were prosecuted by the BD and were fined $76,120 in total, of which $36,120 was the fine for the number of days that the offence continued.
The second case involved an unauthorised structure with an area of about 43 sq m on the ground floor of a village house at Pun Shan Chau, Tai Po. Since the Lands Department would not issue a certificate of exemption for the UBWs and 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 fined $51,720 in total, of which $21,720 was the fine for the number of days that the offence continued.
A spokesman for the BD said today (January 21), "UBWs 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.
The Fanling Magistrates' Courts, the Fanling Law Courts Building
