Property owner fined over $610,000 for not complying with fire safety direction
An owner was convicted and fined $611,900, of which $605,900 was the fine for the number of days that the offence continued, at the Kwun Tong Magistrates' Court last Tuesday (September 1) for failing to comply with a statutory direction issued under the Fire Safety (Buildings) Ordinance (FS(B)O) (Cap. 572).
The Buildings Department (BD) issued a statutory direction under Section 5(2)(a)(ii) of the FS(B)O to the owner of a unit of a composite building on Castle Peak Road, Sham Shui Po, requiring the owner to comply with the fire safety construction requirements specified in the direction, which included replacing fire-rated doors and providing fire-rated walls to seal up an unauthorised door opening to the escape staircase.
Failing to comply with the statutory direction, the owner was prosecuted by the BD.
"Failure to comply with a statutory direction without reasonable excuse is a serious offence under the FS(B)O. The BD may instigate prosecution proceedings against the owner", a spokesman for the BD said today (September 7).
Pursuant to section 5(8) of the FS(B)O, any person who, without reasonable excuse, fails to comply with a statutory direction, commits an offence and is liable on conviction to a fine at level 6 ($100,000 at present) and to a further fine of $10,000 for each day of non-compliance. Upon conviction, an application may also be made to a court for a Fire Safety Compliance Order against the owner under section 6(1) of the FS(B)O directing the owner to comply with the requirements of the direction.
Any default in complying with the requirements of the direction may also risk the imposition of a Prohibition Order by the District Court under section 7(7) of the FS(B)O prohibiting the occupation of the subject premises.
Ends/Monday, September 7, 2026