Hong Kong – Owner of premises fined for unlicensed guesthouse
Owner of premises fined for unlicensed guesthouse
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An owner of a premises was fined $30,000 at the Kowloon City Magistrates’ Courts on August 23 for the premises being used as an unlicensed guesthouse which contravened the Hotel and Guesthouse Accommodation Ordinance.
The court heard that officers of the Office of the Licensing Authority (OLA), Home Affairs Department identified a suspected unlicensed guesthouse that was being operated in Lai Chi Kok Road, Kowloon. The OLA officers posed as lodgers and rented a room in the concerned premises. According to the OLA’s records, the guesthouse was not issued with a valid licence on the date of lodging. The OLA invoked section 5A(1) of the Hotel and Guesthouse Accommodation Ordinance, instigated prosecution against the owner of the premises.
Section 5A(1) of the Hotel and Guesthouse Accommodation Ordinance stipulates that if any premises are a hotel or guesthouse while no licence is in force for the premises, each of the owners and tenants of the premises commits an offence.
A department spokesman stressed that operating or managing an unlicensed hotel or guesthouse is a criminal offence and will lead to a criminal record if convicted. The owner of the subject premises, unless a statutory defence can be established, also commits a criminal offence. The maximum penalty is a fine of $500,000 and three years’ imprisonment. A six-month closure order may also be issued for the premises involved in a repeated offence.
The list of licensed hotels and guesthouses is available on the OLA’s website (www.hadla.gov.hk) and the mobile application “Hong Kong Licensed Hotels and Guesthouses” for public reference. Anyone with information about suspected unlicensed hotels and guesthouses should immediately report it to the OLA through the hotline (tel: 2881 7498), by email (hadlaenq@had.gov.hk), or by fax (2504 5805) using the report form downloaded from the OLA website, or through the mobile application.
Property owner fined over $90,000 for persistently not complying with removal order
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The order involved erection of partition walls in a unit of a composite building at Chatham Court, for subdividing the unit into several individual rooms. As the alteration works obstructed the means of escape and contravened the Building (Planning) Regulations, 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 Buildings Department (BD) in 2018 and was fined about $50,000 upon conviction by the court. As the owner persisted in not complying with the removal order, the owner was prosecuted again. The owner was convicted again and fined $90,800 at the Kwun Tong Magistrates’ Courts on July 18.
A spokesman for the BD said today (July 24), “Illegal subdivision of flats may lead 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.
Property owner fined over $250,000 for not complying with removal orders
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The orders involved an unauthorised structure of about 6 000 square metres across 13 sections of a lot in D.D. 52, Fu Tei Au, North District, New Territories. As the above unauthorised building works (UBWs) were carried out without prior approval and consent from the Buildings Department (BD), 13 removal orders were served on the owner under section 24(1) of the BO.
Failing to comply with the removal orders, the owner was prosecuted by the BD and was fined $251,464 in total upon conviction at the Fanling Magistrates’ Courts on April 18.
A spokesman for the BD said today (April 25), “UBWs may lead to serious consequences. Owners must comply with removal orders without delay. The BD will continue to take enforcement actions against owners who have failed to comply with 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.
Property owner given suspended jail sentence for persistently not complying with removal order
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The order involved an unauthorised flat roof structure of about 85 square metres at a composite building on Tseng Choi Street, Tuen Mun. 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.
Persistently failing to comply with the removal order, the owner was prosecuted by the BD four times and was fined about $60,000 in total upon conviction at the Tuen Mun Magistrates’ Courts. However, the owner persisted in not complying with the removal order and the BD instigated prosecution against the owner again in mid-2022. The owner was convicted on August 19, 2022, and sentenced to two months’ imprisonment suspended for 24 months on January 6.
A spokesman for the BD said today (January 19), “UBWs may adversely affect the structural and fire safety of a building, leading to serious consequences. Owners must comply with removal orders without delay. The BD will continue to take enforcement action against owners who have failed to comply with removal orders (including instigation of prosecution) so as to ensure building safety.”
Failure to comply with a removal order without a 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.
Mitchel Sellers, Iowa Computer Gurus, Inc. Des Moines, was recently named to the National Small Business Association (NSBA) Leadership Council. NSBA is the nation’s oldest small-business advocacy organization and operates on a staunchly nonpartisan basis. Sellers, a recognized leader in the small-business community, joins the NSBA Leadership Council alongside other small-business advocates from across the country as they work to promote the interests of small businesses to policymakers in Washington, D.C. “As a small-business owner, I see daily the importance of being involved and active when it comes to laws and regulation,” stated Sellers. “Joining NSBA’s Leadership Council will enable me to take our collective small-business message to the people that need to hear it most: Congress.” Mitchel is a serial entrepreneur with multiple organizations of his own, IowaComputerGurus being his primary focus for the past 16 years. Over the past 16 years building IowaComputerGurus is well aware of the struggles facing small businesses and is excited to take his experience and help the leadership council succeed in its mission. Sellers joined the NSBA Leadership Council as part of his efforts to tackle the many critical issues facing small businesses, including tax reform, regulatory restraint, health care costs, and how the Affordable Care Act will impact small businesses. The NSBA Leadership Council is focused on providing valuable networking between small-business advocates from across the country while ensuring small businesses a seat at the table as Congress and regulators take up key small-business proposals. “I am proud to have Mitchel Sellers as part of our Leadership Council,” stated NSBA President and CEO Todd McCracken. “He came to us highly recommended and I look forward to our coordinated efforts for years to come.” Please click here to learn more about IowaComputerGurus. For more on the NSBA Leadership Council, please visit www.nsba.biz. IowaComputerGurus is a software consulting organization committed to creating great technology solutions that deliver superior quality, security and performance combined with exceptional service. IowaComputerGurus, Inc. Categories
Hong Kong – Property owner fined over $90,000 for persistently not complying with removal order
A property owner was convicted and fined over $90,000 at the Kwun Tong Magistrates’ Courts last week for persistently failing to comply with a removal order issued under the Buildings Ordinance (BO) (Cap. 123).Hong Kong – Property owner fined over $250,000 for not complying with removal orders
A property owner was convicted and fined over $250,000 at the Fanling Magistrates’ Courts last week for failing to comply with removal orders issued under the Buildings Ordinance (BO) (Cap. 123).Hong Kong – Property owner given suspended jail sentence for persistently not complying with removal order
A property owner was sentenced to two months’ imprisonment suspended for 24 months at the Tuen Mun Magistrates’ Courts earlier this month for failing to comply with a removal order issued under the Buildings Ordinance (BO) (Cap. 123).IowaComputerGurus Owner Mitchel Sellers Named to NSBA Leadership Council
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