A property owner in Hong Kong received a substantial fine this week after failing to adhere to a formal removal order concerning a massive unauthorized structure atop an industrial building. On December 9, the Kwun Tong Magistrates’ Courts imposed a total penalty of HK$186,400 on the owner, affirming the government’s robust enforcement policy against unlawful construction works that compromise public safety.
The prosecution centered on an industrial property located on Hung To Road in Kwun Tong. Authorities discovered an illegal building addition stretching approximately 750 square meters—roughly the size of two full basketball courts—erected on the building’s rooftop. Because these unauthorized building works (UBWs) commenced without the mandatory prior approval and consent from the Buildings Department (BD), the government issued a removal order under Section 24(1) of the Buildings Ordinance (Cap. 123). The owner’s subsequent non-compliance with this directive directly resulted in the legal proceedings and the steep financial penalty.
Significant Financial Implications for Non-Compliance
The court-mandated sum of HK$186,400 included a substantial component designed to penalize prolonged defiance. HK$36,400 of the total represented accrued daily fines for the period during which the violation persisted despite the BD’s order. This structure serves as a clear deterrent, ensuring owners face escalating financial consequences until the structures are dismantled.
A spokesperson for the Buildings Department emphasized the gravity of the situation following the verdict. “UBWs can have serious consequences. Owners must comply with removal orders without delay,” the spokesperson stated on December 10, underscoring the immediate risk presented by such unauthorized additions. The department reaffirmed its resolution to maintain stringent oversight.
“The BD will continue to take enforcement action against owners who defy removal orders, including instituting prosecutions, to safeguard building and public safety,” the representative added.
Mandatory Compliance and Legal Ramifications
Unauthorized building works pose risks ranging from structural collapse and fire hazards to impeding emergency access, making enforcement critical for urban safety in densely populated areas like Hong Kong. The Buildings Ordinance treats the failure to comply with a removal order—without a valid, reasonable excuse—as a serious criminal offense.
The maximum penalty stipulated under the Ordinance is a fine of HK$200,000 and the possibility of one year’s imprisonment. Crucially, the law further provides for an additional, escalating fine of up to HK$20,000 for every single day the offense continues past the compliance deadline.
The Kwun Tong case highlights the BD’s proactive approach to ensuring property owners uphold the city’s building standards. Owners of commercial and residential properties are strongly advised to proactively review their premises, especially rooftops, balconies, and internal partitions, to ensure full compliance with current building codes. Non-compliance is not only dangerous but also carries potentially devastating legal and financial repercussions far outweighing the cost of timely removal or regularization.
Building operators seeking clarity on compliance standards can consult the Buildings Department website for guidelines and procedures related to structural alterations and removal orders.