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Owners fined for failing to comply with removal order

Owners fined for failing to comply with removal order

Two co-owners were fined $98,000 for failing to comply with a removal order which required the removal of unauthorised building works (UBWs) erected on and over the roof of a village house, issued under the Buildings Ordinance (Cap 123) at Tuen Mun Magistrates' Courts on June 19 this year.

An inspection conducted by staff of the Buildings Department (BD) revealed that a two-storey unauthorised rooftop structure had been newly erected on and over the roof of a village house located in Tai Wai Tsuen, Yuen Long. The building works were carried out without prior approval from the Building Authority (Buildings Department), contravening section 14(1) of the Buildings Ordinance. A removal order was then issued to the owners of the house, under section 24(1) of the Buildings Ordinance.

As the owners failed to remove the UBWs upon the expiry of the removal order, the BD instigated a prosecution against them. The owners pleaded guilty at Tuen Mun Magistrates' Courts on April 10 this year and the court deferred the case for two months, allowing time for the owners to remove the UBWs. However, the owners failed to complete the removal works on the date of sentencing hearing. They were eventually fined $98,000 on June 19.

Failure to comply with a removal order without reasonable excuse is a serious offence under the Buildings Ordinance. The maximum penalty upon conviction is one year's imprisonment and a fine of $200,000, as well as a further fine of $20,000 for each day that the offence continues.

Ends/Tuesday, June 30, 2015

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