Parties ordered to pay $0.58 million in fines and demolition costs for unlawful occupation of government land in Tuen Mun Villa Cornwall case
A spokesperson for the Lands Department (LandsD) said today (February 13) that the parties related to a detached house in Tuen Mun named Villa Cornwall (including a company and its sole shareholder) were convicted on February 10 in the Tuen Mun Magistrates' Courts for unlawfully occupying government land and erecting structures thereon, and failing to comply with the statutory notice to cease occupation of government land, thereby contravening sections 6(4) and 6(4A) of the Land (Miscellaneous Provisions) Ordinance, and were fined $245,250 and ordered to pay another $341,500 to the LandsD for the costs of demolition of part of the structures, totalling $586,750. The LandsD will arrange for the demolition of the remaining illegal structures as soon as practicable and recover the demolition costs from the convicted parties.
The convicted parties in this case unlawfully occupied a piece of government land of approximately 1 450 square metres adjoining a detached house in Tuen Mun named Villa Cornwall and erected illegal structures on the land. In November 2023, the LandsD issued a statutory notice under the Land (Miscellaneous Provisions) Ordinance to the parties concerned, requiring them to cease occupying the government land and demolish the illegal structures thereon. As the parties failed to comply with the statutory notice before the required date, the LandsD took possession of and fenced off the government land in February 2024. Upon the completion of its investigation, the LandsD instituted prosecution against the offenders in August of the same year.
The spokesperson said, "Unauthorised erection of structures on unleased government land and failure to comply with the statutory notice to cease occupation of government land are both criminal offences. Members of the public should not defy the law. The LandsD will continue to take enforcement action against cases of unlawful occupation of government land, including prosecuting offenders."
Under the Land (Miscellaneous Provisions) Ordinance, any person who without reasonable excuse does not cease to occupy government land as required by the statutory notice is liable to prosecution. Upon conviction, the offender is liable to a maximum penalty of a fine of $500,000 and imprisonment for six months on the first occasion, and to a maximum further fine of $50,000 for each day during which the offence continues. The offender, if convicted on each subsequent occasion, is liable to a fine of up to $1,000,000 and imprisonment for six months, and to a maximum further fine of $100,000 for each day during which the offence continues. Moreover, any person who is engaged in any way in the erection of a structure on unleased government land, or who arranges or directs the erection of a structure on unleased government land, is also liable to prosecution. The offender, on the first conviction for a gainful purpose, is liable to a maximum penalty of a fine of $2,500,000 and imprisonment for one year; and on each subsequent occasion of conviction, a maximum fine of $5,000,000 and imprisonment for one year. If convicted for other purposes (i.e. other than a gainful purpose), the offender is liable to a maximum penalty of a fine of $500,000 and imprisonment for six months on the first occasion, and a maximum fine of $1,000,000 and imprisonment for six months on each subsequent occasion of conviction.
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FSD mounts joint operation with Hong Kong Customs and Police against illicit fueling activities and holds special meeting with oil industry to strengthen intelligence collection and combat strategies
The Fire Services Department (FSD), in collaboration with the Hong Kong Customs (Customs) and the Hong Kong Police Force (Police), launched a joint operation codenamed "Flow Stopper" today (February 13), specifically targeting on blackspots of illicit fueling activities in urban areas for a focused crackdown with a view to curbing the spread of such activities in densely populated areas and ensuring public safety.
During the operation, the FSD officers deployed unmanned aircraft systems for aerial surveillance and successfully detected seven concealed blackspots. The law enforcement officers smashed two cases in total, including one mobile illegal petrol fueling station on Hoi Fai Road in Tai Kwok Tsui and one illegal diesel fueling station on Wang Kwong Road in Kowloon Bay. About 600 litres of suspected illicit motor spirit and 1 000 litres of diesel were seized, along with a large batch of fueling equipment. The persons suspected to be connected with the cases included two persons who were believed to be the persons-in-charge of the illegal fueling stations and a man who was patronising a station. They were suspected of violating the Fire Services (Fire Hazard Abatement) Regulation, the Dangerous Goods Ordinance (DGO) and the Dutiable Commodities Ordinance (DCO). Besides, two vehicles suspected of being used as illicit fueling stations and one vehicle patronising for fueling were also seized. Investigation is underway.
In addition, to further enhance strategies for combating illicit fueling activities, the FSD invited government departments such as Customs and the Police, as well as representatives from the oil industry, to a special meeting today to conduct in-depth discussion on intelligence for illicit fueling activities, and the operational tactics for preventing and controlling fuel supply at the source. During the meeting, representatives from the oil industry shared the current models and operational procedures of fuel supply. Focused discussions on enhanced monitoring measures for dangerous goods vehicles collecting fuel at oil depots were also held. These measures include requiring those collecting fuel to provide details and destinations of fuel usage, as well as exploring the possibility of submitting inventory and sales records to relevant enforcement departments for supporting more precise enforcement.
The FSD has all along been committed to combating various kinds of illicit fueling activities. The department urges members of the public not to patronise illegal fueling stations. As these stations lack the proper fire service installations and equipment dedicated for fueling stations, the consequences could be catastrophic in the event of a fire.
Under the Fire Services (Fire Hazard Abatement) Regulation, it is an offence to possess or control any controlled substance for the business purpose of transferring it into vehicle fuel tanks. The DGO also provides that no person shall manufacture, store, convey or use any dangerous goods unless they possess a licence or exemption granted. Upon conviction, the maximum penalty for the first offence is a fine of $100,000 and imprisonment for six months.
According to the DCO, any vehicle found conveying illicit motor spirit, as well as any tools, equipment, or articles used or intended to be used in connection with the commission of related offences, shall be liable to forfeiture whether or not any person is convicted of any offence. Anyone involved in dealing with, possession of, selling or buying illicit motor spirit commits an offence. The maximum penalty upon conviction is a fine of $1 million and imprisonment for two years.
The law enforcement departments will continue to spare no efforts in combating illicit fueling activities by strengthening interdepartmental collaboration and enhancing technology-based enforcement (such as drone patrols). Members of the public who encounter suspected illegal fueling activities may call the FSD's 24-hour hotline at 5577 9666, or report via the Illicit Fuelling Activities on the Fire Hazard Electronic Complaint Portal of the FSD (fhcp.hkfsd.gov.hk).
FSD mounts joint operation with Hong Kong Customs and Police against illicit fueling activities and holds special meeting with oil industry to strengthen intelligence collection and combat strategies Source: HKSAR Government Press Releases
FSD mounts joint operation with Hong Kong Customs and Police against illicit fueling activities and holds special meeting with oil industry to strengthen intelligence collection and combat strategies Source: HKSAR Government Press Releases
FSD mounts joint operation with Hong Kong Customs and Police against illicit fueling activities and holds special meeting with oil industry to strengthen intelligence collection and combat strategies Source: HKSAR Government Press Releases
FSD mounts joint operation with Hong Kong Customs and Police against illicit fueling activities and holds special meeting with oil industry to strengthen intelligence collection and combat strategies Source: HKSAR Government Press Releases
FSD mounts joint operation with Hong Kong Customs and Police against illicit fueling activities and holds special meeting with oil industry to strengthen intelligence collection and combat strategies Source: HKSAR Government Press Releases
