Property owner fined over $90,000 for persistently not complying with removal order
A property owner was convicted and fined over $90,000 at the Kowloon City Magistrates' Courts earlier this month for persistently failing to comply with a removal order issued under the Buildings Ordinance (BO) (Cap. 123).
The order involved an unauthorised flat roof structure of about 150 square metres and an unauthorised rooftop structure of about 210 sq m at a factory building at Fuk Wing Street, Sham Shui Po. As the unauthorised building works (UBWs) were carried out without prior approval and consent from the Buildings Department (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 in 2017 and was fined over $70,000 upon conviction at the Kowloon City Magistrates' Courts. As the owner persisted in not complying with the removal order, the owner was prosecuted by the BD for the second time last year and was convicted again and fined $92,200 on January 18.
A spokesman for the BD said today (January 27), "UBWs may adversely affect the structural and fire safety of a building, leading to serious consequences. Owners must comply with the removal orders without delay. The BD will continue to take enforcement action against owners who have failed to comply with the 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 one year's imprisonment and a fine of $200,000, and a further fine of $20,000 for each day that the offence continues.
Ends/Friday, January 27, 2023