Two property owners fined over $90,000 each for failing to comply with removal orders

Two property owners fined over $90,000 each for failing to comply with removal orders

Two property owners were convicted and fined $98,195 each for failing to comply with removal orders issued under the Buildings Ordinance (Cap 123) (BO) at Kowloon City Magistrates' Courts last month.

Inspections conducted by staff of the Buildings Department (BD) revealed that two illegal structures, 640 square metres and 500 sq m in size respectively, had been erected on the roofs of two premises of an industrial building at Sze Mei Street, San Po Kong, in Kowloon. These building works were carried out without prior approval and consent from the BD, contravening section 14(1) of the BO. Removal orders were then served on the owners of the two premises under section 24(1) of the BO.

As the two owners failed to remove the unauthorised building works (UBWs) upon the expiry of the removal orders, they were prosecuted by the BD. The owners were convicted and were fined $59,900 and $55,200 at Kowloon City Magistrates' Courts in November 2015. However, the owners still did not remove the UBWs and the BD instigated prosecution against the owners for the second time. The owners were convicted and were each heavily fined over $90,000 at Kowloon City Magistrates' Courts on January 31 this year.

Pursuant to section 40(1BA) of the BO, any person who, without reasonable excuse, fails to comply with an order served on him under section 24(1) of the BO, commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for one year, as well as a further fine of $20,000 for each day that the offence has continued.

Ends/Monday, February 12, 2018