Five property owners fined over $320,000 in total for not complying with removal orders
Five owners were convicted and fined $323,170 in total at the Magistrates' Courts yesterday (November 11) for failing to comply with removal orders issued under the Buildings Ordinance (BO) (Cap. 123).
The first case involved unauthorised retaining wall and backfill works at a detached house on Sha Tin Heights Road. 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 and was fined $109,920, of which $99,920 was the fine for the number of days that the offence continued, upon conviction at the Shatin Magistrates' Courts.
The second case involved an unauthorised structure on the roof of a village house on a lot in D.D. 183, Sha Tin. Since the Lands Department would not issue a certificate of exemption for the UBWs and the UBWs were carried out without prior approval and consent from the 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 had been prosecuted by the BD and was fined upon conviction by the court. As the owner persisted in not complying with the removal order, the owner was prosecuted for a second time and was fined $97,480, of which $62,480 was the fine for the number of days that the offence continued, upon conviction at the Shatin Magistrates' Courts.
The third case involved unauthorised structures on the yard and the flat roof on the cockloft at a composite building on Tsuen Nam Road, Sha Tin. As the UBWs were carried out without prior approval and consent from the 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 had been prosecuted by the BD and was fined upon conviction by the court. As the owner persisted in not complying with the removal order, the owner was prosecuted for a second time and was fined $65,770, of which $42,770 was the fine for the number of days that the offence continued, upon conviction at the Shatin Magistrates' Courts.
The fourth case involved UBWs in a unit of a composite building on Castle Peak Road Tsing Lung Tau, Tusen Wan, including removal of fixed lights on the external walls of the living room and master bedroom, and erection of railings attached to the flower beds. As the UBWs were carried out without prior approval and consent from the BD, a removal order was served on the two co-owners under section 24(1) of the BO. Failing to comply with the removal order, they were prosecuted by the BD and were fined $50,000 in total, upon conviction at the West Kowloon Magistrates' Courts.
A spokesman for the BD said today (November 12), "UBWs may lead to serious consequences. Owners must comply with removal orders without delay. The BD will continue to take stringent enforcement action against owners who fail to comply with removal orders, including instigation of prosecution, to ensure building and public safety."
Failure to comply with a removal order without reasonable excuse is a serious offence under the BO. The maximum penalty upon conviction is a fine of $200,000 and one year's imprisonment, and a further fine of up to $20,000 for each day that the offence continues.
Ends/Thursday, November 12, 2026