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Property owner fined over $50,000 for failing to comply with removal order

Property owner fined over $50,000 for failing to comply with removal order

A property owner was convicted and fined $54,000 this week for failing to comply with a removal order issued under the Buildings Ordinance (Cap 123) (BO).

An inspection conducted by staff of the Buildings Department (BD) revealed that an unauthorised flat roof structure 51 square metres in size had been erected adjacent to a premises of an industrial building at King Yip Street, Kwun Tong. Furthermore, the original entrance door of the premises had been removed and replaced by a door with an inadequate fire resistance rating. The unauthorised building works (UBWs) were carried out without prior approval from the BD, contravening section 14(1) of the BO, while the entrance door contravened the fire resisting requirement under regulation 90 of the Building (Construction) Regulations. A removal order was served on the owner of the premises under section 24(1) of the BO.

As the owner failed to remove the UBWs and reinstate the fire resisting door upon the expiry of the removal order, he was prosecuted by the BD. The owner pleaded guilty and was heavily fined at Kwun Tong Magistrates' Courts on November 21.

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/Friday, November 24, 2017