Property owner given suspended jail sentence for persistently not complying with removal order
A property owner was convicted and sentenced to 14 days' imprisonment suspended for 18 months, and fined over $31,000 at the Tuen Mun Magistrates' Courts on November 15 for persistently failing to comply with a removal order issued under the Buildings Ordinance (BO) (Cap. 123).
The case involved unauthorised building works (UBWs) at a unit of a three-storey building on Yu Chui Street, Tai Lam, Tuen Mun, which included the removal of a slope, the erection of walls and a staircase, the removal of a protective barrier and the construction of unauthorised structures at the garden on the first floor of the building, with a total area of about 70 square metres. As the 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.
Failing to comply with the removal order, the owner was prosecuted by the BD in 2022 and was fined $10,000 upon conviction by the court. Although the owner subsequently removed the unauthorised structures at the garden on the first floor of the building, the owner failed to fully comply with the requirements of the removal order, including the failure to reinstate the slope and protective barrier in accordance with the approved plans and remove the remaining UBWs. The BD then instigated prosecution again in 2023; and the owner was convicted and fined more than $10,600 by the court. As the owner persisted in not fully complying with the removal order, the BD instigated the third prosecution. The owner was convicted again and sentenced to 14 days' imprisonment suspended for 18 months, and fined a total of $31,020 at the Tuen Mun Magistrates' Courts on November 15.
A spokesman for the BD today (December 2) said, "UBWs may lead to serious consequences. The owners concerned must comply with the removal orders without delay. The BD will continue to take enforcement actions and consider instigating prosecution against the owners again if they persist in not complying with the orders, 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 a fine of $200,000 and one year's imprisonment, and a further fine of $20,000 for each day that the offence continues.
Occupational safety and health courses open for applications
The Kwun Tong Occupational Safety and Health Centre of the Labour Department (LD) will launch a wide range of occupational safety and health courses in the first half of 2025. The courses aim at enhancing the working population's understanding of the occupational safety regulations and their awareness of occupational health.
The courses cover a wide range of topics, including:
Occupational Safety and Health Ordinance and Regulations
Gas Poisoning in Manholes
Confined Spaces Regulations
Major Safety Regulations Related to Working in Catering Trade
Dangerous Substances Regulations
Safety Management Regulation
Safety Regulations on Manual Handling Operations
Regulations Related to Safety in Hotel Industry
Safety Regulations on Working in Times of Inclement Weather and Hot Environment
Major Safety Regulations Related to Accident Prevention in Office and Storage Work
A Brief Introduction to the Regulation on Display Screen Equipment
Air Monitoring and Ventilation Systems in the Workplaces
Lighting Assessment in the Workplaces
Guidance Notes on Standing at Work
More Exercise, Smart Work
Strategies for the Prevention of Occupational Diseases
Occupational Health in Catering Industry
Chemicals and Occupational Health
Medical Examinations for Workers Engaged in Hazardous Occupations in Industrial Undertakings
Manual Handling Operations and Prevention of Back Injuries
Occupational Health for Security Guards
Chemicals and Occupational Health in Hotel Industry
Prevention of Heat Stroke at Work in a Hot Environment
Occupational Health for Office Workers
Health Hints on the Use of Computer
Prevention of Upper and Lower Limb Disorders
Prevention of Musculoskeletal Disorders for Office Workers
Occupational Health for Cleansing Workers
Occupational Contact Dermatitis
Manual Handling Operations and Prevention of Back Injuries for Workers of Residential Care Home
Occupational Health for Professional Drivers
Work and Common Gastrointestinal Diseases
Occupational Stress
Happy Workplace
Work and Healthy Lifestyle
Work and Diabetes Mellitus and Hypertension
First Aid in the Workplaces
Work and Cardiovascular and Cerebrovascular Diseases
Easy Tips for Healthy Eating at Work
The courses will be conducted in Cantonese at the LD's Occupational Safety and Health Centre, G/F, Kwun Tong Community Health Centre Building, 60 Hip Wo Street, Kwun Tong. Enrolment is free.
Members of the public can apply via the online platform www.oshsreg.gov.hk/en or by fax. Please visit the LD's website (www.labour.gov.hk/eng/osh/content6.htm) for more details and call 2361 8240 for enquiries.
