Property Owners Fined $213,800 for Ignoring Building Removal Orders in Sham Shui Po and Sha Tin

Two property owners fined over $210,000 in total for not complying with removal orders

Two owners were convicted and fined $213,800 in total at the Magistrates' Courts yesterday (July 8) for failing to comply with removal orders issued under the Buildings Ordinance (BO) (Cap. 123).

The first case involved four unauthorised structures with a total area of about 60 square metres on the flat roof of a composite building on Fuk Wing Street, 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 had been prosecuted by the BD and was fined upon conviction by the court. As the owner persisted in not complying with the removal order, the owner was prosecuted for the second time and was fined $153,800, of which $133,800 was the fine for the number of days that the offence continued upon conviction at the Kowloon City Magistrates' Courts.

The second case involved an unauthorised structure of about 110 sq m on the flat roof of an industrial building on Shing Wan Road, Sha Tin. 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 $60,000 at the Shatin Magistrates' Courts.

The Buildings Department, Photo source: reference image

A spokesman for the BD said today (July 9), "UBWs may lead to serious consequences. Owners must comply with removal orders without delay. The BD will continue to take stringent enforcement action and instigate prosecutions against owners again if they persist in not complying with removal orders 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.

Source: AI-found images

Incoming passenger convicted and jailed for possession of duty-not-paid cigarettes

An incoming female passenger was sentenced to four weeks' imprisonment with a fine of $1,000 by the Fanling Magistrates' Courts today (July 9) for possessing duty-not-paid cigarettes and failing to declare them to Customs officers, in contravention of the Dutiable Commodities Ordinance (DCO).

Customs officers intercepted the incoming 54-year-old local female passenger at the Heung Yuen Wai Boundary Control Point on June 6 and seized 260 sticks of duty-not-paid cigarettes from her. The estimated market value of the seized cigarettes was about $1,200, and the duty potential was about $860. The passenger was subsequently arrested.

Customs welcomes the sentence, noting that even a first-time offender may still be imprisoned. The custodial sentence has imposed a considerable deterrent effect and reflects the seriousness of the offences. Members of the public should not defy the law.

Customs reminds members of the public that under the DCO, cigarettes are dutiable goods to which the DCO applies. Any person who imports, deals with, possesses, sells or buys illicit cigarettes commits an offence. The maximum penalty upon conviction is a fine of $2 million and imprisonment for seven years.

Members of the public may report any suspected illicit cigarette activities to Customs' 24-hour hotline 182 8080 or its dedicated crime-reporting email account (crimereport@customs.gov.hk) or online form (eform.cefs.gov.hk/form/ced002).

Incoming passenger convicted and jailed for possession of duty-not-paid cigarettes Source: HKSAR Government Press Releases

Incoming passenger convicted and jailed for possession of duty-not-paid cigarettes Source: HKSAR Government Press Releases