3 owners fined over $380,000 in overall for not abiding by elimination and repair work orders
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3 owners were founded guilty and fined $382,100 in overall, of which $212,100 was the fine for the variety of days that the offense continued, at the Tuen Mun Magistrates’ Courts last Friday (July 3) for stopping working to abide by elimination orders and repair work orders released under the Buildings Ordinance (BO) (Cap. 123).
The case included the modification of 7 systems into mini-storage systems in a commercial structure on Kin Wong Street, Tuen Mun. As the change and addition works were performed without previous approval and permission from the Buildings Department (BD), and they blocked the methods of escape and ways of gain access to for firefighting and rescue, in addition to impacting the fire-resisting building and construction of the structure, contravening the Building (Planning) Regulations and the Building (Construction) Regulation, 5 elimination orders and 5 repair work orders were served on the 3 owners under area 24( 1) and area 26 of the BO respectively. Stopping working to abide by the statutory orders, they were prosecuted by the BD.
A spokesperson for the BD stated today (July 6), “Unauthorised alteration works causing obstruction to the means of escape and means of access for firefighting and rescue, or affecting the fire-resisting construction of a building may lead to serious consequences. Owners must comply with removal orders and repair orders without delay. The BD will continue to take enforcement action against owners who fail to comply with removal orders and repair orders, including instigation of prosecution, so as to ensure building and public safety.”
Failure to abide by an elimination order without 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 an additional fine of as much as $20,000 for each day that the offense continues. Failure to comply with a repair work order without sensible reason is a major offense. The optimum charge upon conviction is a fine of level 5 ($50,000 at present) and one year’s jail time, and a more fine of as much as $5,000 for each day that the offense continues.