Hong Kong – Two co-owners fined almost $90,000 for not abiding by elimination order

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2 co-owners fined almost $90,000 for not adhering to elimination order

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2 co-owners were founded guilty and fined $89,440 in overall, of which $49,440 was the fine for the variety of days that the offense continued, at the Fanling Magistrates’ Courts the other day (August 12) for stopping working to adhere to an elimination order provided under the Buildings Ordinance (BO) (Cap. 123).

The case included an unauthorised structure with a location of about 18 square metres on the ground flooring of a property structure on Fu Shin Street, Tai Po. As the unauthorised structure works (UBWs) were performed without previous approval and authorization from the Buildings Department (BD), an elimination order was served on the owners under area 24( 1) of the BO. Stopping working to adhere to the elimination order, they were prosecuted by the BD.

A spokesperson for the BD stated today (August 13), “UBWs may lead to serious consequences. Owners must comply with removal orders without delay. The BD will continue to take enforcement action against owners who fail to comply with removal orders, including instigation of prosecution, to ensure building and public safety.”

Failure to abide by an elimination order without a sensible reason is a severe offense under the BO. The optimum charge upon conviction is a fine of $200,000 and one year’s jail time, and a more fine of $20,000 for each day that the offense continues.