Three owners of mini-storages fined about $300,000 in total for not complying with removal orders and repair orders
Three owners of mini-storages who failed to comply with the removal orders and repair orders issued under the Buildings Ordinance (BO) (Cap. 123) were convicted and fined about $300,000 in total at the Kwun Tong Magistrates' Courts last month.
All three cases involved the alteration of units in industrial buildings into mini-storages. The first case involved the alteration of four units in an industrial building at Hung To Road, Kowloon, and the second case involved the alteration of one unit in the same industrial building. The third case involved the alteration of one unit in an industrial building at Shing Yip Street, Kowloon. As the alteration works were carried out without prior approval and consent from the Buildings Department (BD), and they obstructed the means of escape and means of access for firefighting and rescue as well as affecting the fire resistance construction of the buildings, contravening the Building (Planning) Regulations and the Building (Construction) Regulation, removal orders and repair orders were served on the owners under section 24(1) and section 26 of the BO.
Failing to comply with the removal orders and repair orders, the owners were prosecuted by the BD and were fined $170,985, $40,250 and $85,440 respectively upon conviction by the Kwun Tong Magistrates' Courts on September 26.
A spokesman for the BD said today (October 11), "Unauthorised alteration works causing obstruction to the means of escape and means of access for firefighting and rescue, as well as affecting the fire resistance construction of the building may lead to serious consequences. Owners must comply with removal orders and repair orders without delay. The BD will continue to take enforcement action against owners who have failed to comply with removal orders and repair 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. Moreover, failure to comply with a repair order without reasonable excuse is a serious offence. The maximum penalty upon conviction is a fine of level 5 ($50,000 at present) and one year's imprisonment, and a further fine of $5,000 for each day that the offence continues.
Ends/Wednesday, October 11, 2023