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Co-owners fined over $60,000 for not complying with removal order

Co-owners fined over $60,000 for not complying with removal order

Two co-owners of a premises in Hung Hom were fined over $60,000 for failing to comply with a removal order issued under the Buildings Ordinance (Cap 123) at Kowloon City Magistrates' Court early this month.

The order involved three illegal structures erected on a canopy and the flat roof of a domestic flat on the top floor of a composite building at Pak Kung Street. The original area of the premises is about 39 square metres whereas the total size of the illegal structures is about 36 square metres. As the unauthorised building works (UBWs) were erected without prior approval from the Buildings Department (BD), contravening the Buildings Ordinance (BO), a removal order was served on the co-owners of the premises under section 24(1) of the BO.

As the owners failed to remove the UBWs upon the expiry of the removal order, they were prosecuted by the BD. They were convicted at the Kowloon City Magistrates' Courts on April 3 and fined $62,600 in total.

"UBWs may adversely affect the structural and fire safety of a building, leading to serious consequences. Owners should seek professional advice before carrying out any building works in their premises. The BD will continue its enforcement action against UBWs," a spokesman for the BD said today (April 17).

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/Wednesday, April 17, 2019