Homeowner fined over $260,000 in overall for not abiding by elimination orders
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3 owners were founded guilty and fined $262,480 in overall at the Fanling Magistrates’ Courts on Tuesday (June 2) for stopping working to adhere to elimination orders released under the Buildings Ordinance (BO) (Cap. 123).
The very first case included 4 unauthorised structures with an overall location of about 77 square metres on a flat roofing of 2 systems in a property structure on Wan Tau Street, Tai Po. As the unauthorised structure works (UBWs) were performed without previous approval and authorization from the Buildings Department (BD), 2 elimination orders were served on the 2 co-owners under area 24( 1) of the BO.
Stopping working to abide by the elimination orders, the 2 co-owners had actually been prosecuted by the BD and were fined an overall of $20,660 upon convictions by the court. As they continued not adhering to the elimination orders, they were prosecuted for the 2nd time and were fined $171,960 in overall, of which $51,960 was the fine for the variety of days that the offense continued, upon convictions by the court.
The 2nd case included an unauthorised structure of about 20 sq m on a flat roofing of another system in the exact same structure as the very first case. As the UBW was performed without previous approval and approval from the BD, an elimination order was served on the owner under area 24( 1) of the BO. Stopping working to adhere to the elimination order, the owner was prosecuted by the BD and was fined $90,520 in overall, of which $30,520 was the fine for the variety of days that the offense continued, upon conviction by the court.
A representative for the BD stated today (June 5), “UBWs may lead to serious consequences. Owners must comply with removal orders without delay. The BD will continue to take stringent enforcement action and instigate prosecutions against owners again if they persist in not complying with removal orders, so as to ensure building and public safety.”
Failure to abide by an elimination order without affordable 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 an additional fine of as much as $20,000 for each day that the offense continues.