An owner was convicted and fined $18,000 at the Eastern Magistrates’ Courts on June 6 for failing to comply with a fire safety direction issued under the Fire Safety (Buildings) Ordinance (FS(B)O) (Cap. 572).

     The Buildings Department (BD) issued a fire safety direction under section 5(2)(a)(ii) of the FS(B)O to the owner of a domestic flat in a 65-year-old composite building at Nam On Street, Shau Kei Wan, requiring the owner to comply with the fire safety construction requirement by providing fire-rated doors at the unit entrances which open to the escape staircases.

     Failing to comply with the statutory direction, the owner was prosecuted by the BD and was convicted and fined by the court.

     “According to the FS(B)O, failing to comply with a statutory direction issued under the ordinance without reasonable excuse is a serious offence. The BD may instigate prosecution proceedings against the owner”, a spokesman for the BD said today (June 21).

     Pursuant to section 5(8) of the FS(B)O, any person who, without reasonable excuse, fails to comply with a statutory direction, commits an offence and is liable on conviction to a fine at level 4 ($25,000 at present) and to a further fine of $2,500 for each day of non-compliance. Upon conviction, an application may also be made to the court for a Fire Safety Compliance Order against the owner under section 6(1) of the FS(B)O directing the owner to comply with the requirements of the direction.

     An owner was convicted and fined $15,825 at the Fanling Magistrates’ Courts on April 16 for failing to comply with a fire safety direction issued under the Fire Safety (Buildings) Ordinance (FS(B)O) (Cap. 572).

     The Buildings Department (BD) issued a fire safety direction under section 5(2)(a)(ii) of the FS(B)O to the owner of a domestic flat in a 58-year-old composite building at San Cheung Street, Sheung Shui, requiring the owner to comply with the fire safety construction requirement by providing a fire-rated door at the unit entrance which opens directly to a staircase.

     Failing to comply with the statutory direction, the owner was prosecuted by the BD and was convicted and fined by the court.

     “According to the FS(B)O, failing to comply with a statutory direction issued under the ordinance without reasonable excuse is a serious offence. The BD may instigate prosecution proceedings against the owner”, a spokesman for the BD said today (April 30).

     Pursuant to section 5(8) of the FS(B)O, any person who, without reasonable excuse, fails to comply with a statutory direction, commits an offence and is liable on conviction to a fine at level 4 ($25,000 at present) and to a further fine of $2,500 for each day of non-compliance. Upon conviction, an application may also be made to the court for a fire safety compliance order against the owner under section 6(1) of the FS(B)O directing the owner to comply with the requirements of the direction.

     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).

     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.

     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).

     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.