Property owner fined over $100,000 for persistently not complying with removal order
A property owner who persistently failed to comply with a removal order issued under the Buildings Ordinance (BO) (Cap. 123) was convicted and fined over $100,000 at the Tuen Mun Magistrates' Courts last week.
The case involved two unauthorised structures, with areas of about 22.9 and 4.7 square metres respectively, on the flat roofs of a residential building in Hung Shui Kiu, Yuen Long. 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 owners under section 24(1) of the BO.
Failing to comply with the removal order, the owner was prosecuted by the BD and was fined over $11,000 upon conviction by the court. As the owner persisted in not complying with the removal order, the BD instigated prosecution again. The owner was fined $108,070 in total by the Court, of which $98,070 was the fine for the number of days that the offence continued, upon conviction at the Tuen Mun Magistrates' Courts on November 22.
A spokesman for the BD said today (November 29), "UBWs may lead to serious consequences. Owners must comply with removal orders without delay. The BD will continue to take enforcement actions and consider instigating prosecution against owners again if they persist in not complying with the orders to ensure building safety."
Failing to comply with a removal order without a reasonable excuse is a serious offence under the BO. The maximum penalty upon conviction is a fine of $200,000 and one year's imprisonment, and a further fine of $20,000 for each day that the offence continues.
Revised Code of Practice for Safety and Health at Work in Confined Spaces to take effect tomorrow
The revised Code of Practice for Safety and Health at Work in Confined Spaces (CoP) will officially take effect tomorrow (November 30). The CoP was gazetted on May 31 this year, and a grace period of six months was provided to allow sufficient time for the industry to understand and prepare for the revised requirements.
During the grace period, the Labour Department (LD) has strengthened its publicity and promotions, as well as education and training, through various channels such as the LD's website, the "OSH 2.0" mobile application, and a series of talks and seminars organised with relevant organisations to facilitate the industry's better understanding of the CoP's content.
The major revisions of the CoP include the enhancement of requirements for proprietors' or contractors' supervision on confined space work; highlighting the factors for assessing whether a particular job constitutes underground pipework; adding a detailed template on the risk assessment form and listing out the setting of an air-monitoring alarm; and an update on the Permit-to-work Certificate template. New requirements have also been added to the revised CoP, such as requiring proprietors or contractors to adopt technology to record videos at the entrance and exit of the confined space throughout the entire work period to enhance monitoring relevant personnel's compliance with the safety precautions.
Meanwhile, the LD has refined the mandatory safety training courses for confined space operations to enhance the industry's understanding of common risks and its ability to mitigate these risks, which includes updating the course content, extending the course duration and shortening the validity period of the relevant safety certificates so that industry personnel will refresh their safety knowledge more frequently and stay updated on new legislative developments. The revised courses will be launched tomorrow.
A spokesman for the LD said, "After the commencement of the revised CoP, the LD will continue to conduct surprise inspections at workplaces with confined spaces from time to time to review the relevant work processes and safety precautions implemented to ensure the safety and health of workers."
The spokesman added, "The CoP has a special legal status. In criminal proceedings, if a relevant person fails to observe any provisions of this CoP, that failure may be taken by the court as a relevant factor in determining whether or not a person has breached the relevant occupational safety and health legislation."
For more information on working in confined spaces, or to download the revised CoP, please visit the LD's new thematic website (www.labour.gov.hk/eng/news/osh_confinedspace.htm). Enquiries about the CoP can be made at 2559 2297.
