Three property owners fined nearly $160,000 in total for persistently not complying with removal orders
Three property owners who persistently failed to comply with removal orders issued under the Buildings Ordinance (BO) (Cap. 123) were convicted and fined nearly $160,000 at the Fanling Magistrates' Courts last month.
The first case involved a two-storey unauthorised structure with a total area of about 60 square metres erected in the garden adjacent to a house at Hong Lok Yuen, Tai Po. Failing to comply with the removal order, the owner was prosecuted by the Buildings Department (BD) in 2015 and 2020, and was fined over $150,000 in total upon conviction by the court. As the owner persisted in not complying with the removal order, the BD instigated prosecution for the third time and the owner was convicted again. In mitigation, the owner's representative explained to the court that the required removal works were being arranged. The owner was fined $75,750 at the Fanling Magistrates' Courts on September 19.
The second case involved several unauthorised structures of a total area of about 40 sq m at the ground floor, canopy and the roof of a village house in Tai Mei Tuk, Tai Po. Failing to comply with the removal order, the two co-owners of the property were prosecuted by the BD in 2020 and were fined about $28,000 in total upon conviction by the court. As the owners persisted in not complying with the removal order, the BD instigated prosecution for the second time and the owners were convicted again. The owners explained to the court that part of the unauthorised building works (UBWs) had been removed and the remaining UBWs would be removed as soon as possible. The owners were fined $83,050 in total at the Fanling Magistrates' Courts on September 19.
As the UBWs in the above two cases were carried out without prior approval and consent from the BD, removal orders were served on the owners under section 24(1) of the BO. Prosecutions were instigated against the owners who failed to comply with the orders.
A spokesman for the BD said today (October 4), "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 have failed to comply with removal orders, including instigation of prosecution, so as to ensure building 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 $20,000 for each day that the offence continues.
Ends/Wednesday, October 4, 2023