Property owner fined about $7,000 for not complying with mandatory window inspection statutory notice
A property owner was convicted and fined $6,900 at the Shatin Magistrates' Courts last week for failing to comply with a statutory notice issued in respect of his residential unit under the Mandatory Window Inspection Scheme (MWIS), according to the Buildings Ordinance (BO) (Cap. 123).
The unit is located in a 23-year-old residential building on Tin Hau Temple Road, Causeway Bay. A statutory notice was issued under section 30C(4) of the BO by the Buildings Department (BD), requiring the owner of the unit to appoint a qualified person to carry out an inspection and, if necessary, repair the windows in the unit.
Since the owner failed to comply with the statutory notice, he was prosecuted by the BD and was convicted and fined by the court on March 20.
"Failing to comply with a statutory notice without reasonable excuse is a serious offence under the BO. The BD may instigate prosecution proceedings against the owner according to the BO", a spokesman for the BD said today (March 30).
Pursuant to section 40(1BD) of the BO, any person who, without reasonable excuse, fails to comply with a statutory notice served on the person, commits an offence and is liable on conviction to a fine at level 4 ($25,000 at present) and to imprisonment for three months, as well as a further fine of $2,000 for each day that the offence has continued.
The BD has launched the "WIN SAFE" mobile app to enable property owners to search for and appoint qualified persons for early compliance of notices issued under the MWIS. The "WIN SAFE" mobile app can be downloaded free of charge from the App Store/Google Play/AppGallery. Details about the app are also available on the BD's website www.bd.gov.hk.
Ends/Thursday, March 30, 2023