Two property owners fined over $160,000 in total for not complying with removal orders
Two property owners who failed to comply with the removal orders issued under the Buildings Ordinance (BO) (Cap. 123) were convicted and fined over $160,000 in total at the Fanling Magistrates' Courts and the Tuen Mun Magistrates' Courts last month.
The first case involved a four-storey unauthorised village house (including a basement and three storeys above ground) and an unauthorised structure with an area of about 60 square metres on the roof of the village house at Wing Ling Wai, Fanling. Since the Lands Department would not issue a certificate of exemption for the building, it is not a New Territories Exempted House under the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 121). As the above unauthorised building works (UBWs) were carried out without prior approval and consent from the Buildings Department (BD), two removal orders were served on the owner under section 24(1) of the BO.
Failing to comply with the removal orders, the owner was prosecuted by the BD and was convicted at the Fanling Magistrates' Courts on September 26. In mitigation, the owner explained to the court that the required removal works would be arranged and was eventually fined $76,190 in total.
The second case involved an unauthorised structure with an area of about 30 sq m on the roof of a village house at San Hing Tsuen, Yuen Long. 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 fined $88,460 upon conviction at the Tuen Mun Magistrates' Courts on September 22.
A spokesman for the BD said today (October 10), "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/Tuesday, October 10, 2023