Hong Kong Government Press Release
9th February 2023 – (Hong Kong) A property owner was convicted and fined over $80,000 at the Kwun Tong Magistrates’ Courts last week for failing to comply with a removal order issued under the Buildings Ordinance (BO) (Cap. 123).
The order involved a rooftop structure of about 750 square metres and eight abandoned metal frames attached to the external wall of a factory building at Hung To Road, Kwun Tong. 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.
The owner subsequently removed the abandoned metal frames but the rooftop structure was not removed. Failing to comply with the removal order, the owner was prosecuted by the BD and was fined $82,625 upon conviction on 31st January.
A spokesman for the BD said today, “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.