Former registered minor works contractor, its authorised signatory, contractor, its sub-contractor and worker fined over $130,000 in total for contravention of Buildings Ordinance
A former registered minor works contractor (RMWC), its authorised signatory (AS), a contractor, its subcontractor and a worker were fined $137,000 in total at the Kowloon City Magistrates' Courts on March 5, for contravention of the Buildings Ordinance (Cap. 123) (BO).
The case involved a fatal incident at a composite building at Cheung Wong Road, Mong Kok, when carrying out the removal works of an unauthorised flat roof structure in February 2023. The removal works, being a minor works item, were required to be carried out by a prescribed registered contractor (PRC) in accordance with the simplified requirements of the Minor Works Control System (MWCS). During the removal works, a flat steel bar fell onto the street and struck a pedestrian, who was subsequently certified dead.
An investigation by the Buildings Department (BD) found that an RMWC and its AS submitted a notice of commencement of the minor works related to the removal of an unauthorised roof structure to the BD in February 2023. The RMWC confirmed that the specified plans and detailed drawings were prepared and signed by the AS. However, after the above-mentioned incident, the RMWC admitted that it actually was not involved in the concerned works, including that it was unaware of the details of the works, had not prepared any specified plan or detailed drawing, and did not provide any site supervision or method statement for the works. The RMWC knowingly misrepresented a material fact in the form submitted to the BD and had violated section 40(2A)(c) of the BO. Under section 40(5) of the BO, the AS, who permitted the commission of the above offence was deemed guilty of such an offence. The BD instigated prosecution action against the RMWC and its AS under the BO in February last year. They were convicted and fined $30,000 each at the Kowloon City Magistrates' Court on March 5.
In addition, an investigation by the BD found that the contractor who was actually responsible for the removal works was not listed in any of the registers of registered contractors kept by the BD. The contractor knowingly failed to appoint a PRC to carry out the minor works required by the Building (Minor Works) Regulations, thereby violating section 9AA(2) and section 40(1AB) of the BO. Moreover, it did not have a proper plan of the works, did not prepare suitable method statements, and failed to provide sufficient precautionary measures. The removal of the flat roof structure was carried out in an unsafe or dangerous manner, resulting in the fatal incident, thereby violating section 40(2B)(a) of the BO. Under section 40(5) of the BO, the contractor permitted the RMWC and the worker, who carried out the works, to commit offences under sections 40(2A)(c) and 40(2G) of the BO respectively, and was deemed guilty of such offences. Therefore, the BD instigated prosecution action against the contractor under the BO in February last year. The contractor was convicted and fined $32,000 in total at the Kowloon City Magistrates' Courts on March 5.
The investigation found that the subcontractor responsible for the scaffolding works did not provide adequate preventive measures to the working platform as required by the Code of Practice for Demolition of Buildings. The removal works of the flat roof structure was carried out in an unsafe or dangerous manner, resulting in the fatal incident, thereby violating section 40(2B)(a) of the BO. The BD instigated prosecution action against the subcontractor under the BO in February last year. The subcontractor was convicted and fined $15,000 at the Kowloon City Magistrates' Courts on March 5.
The investigation also found that the worker, who carried out the removal works, was not a PRC, and did not carry out the minor works under the supervision of any such contractor, thereby violating section 40(2G) of the BO. Moreover, he carried out the removal works in an unsafe or dangerous manner leading to the fatal incident, violating section 40(2B)(a) of the BO. The BD instigated prosecution action against the worker under the BO in February last year. He was convicted and fined $30,000 in total at the Kowloon City Magistrates' Courts on March 5.
A spokesman for the BD said that the MWCS aims to assist building owners in carrying out small-scale building works safely in private buildings lawfully through simplified statutory procedures. Pursuant to section 40(1AB) of the BO, any person who contravenes section 9AA(2) of the BO (i.e. knowingly fails to appoint a PRC to carry out minor works required by the regulations) shall be guilty of an offence and liable upon conviction to a maximum fine of $100,000.
Under section 40(2A)(c) of the BO, in case of minor works, any RMWC who knowingly misrepresents a material fact in any plan, certificate, form, report, notice or other documents given to the BD, shall be guilty of an offence and liable upon conviction to a maximum fine of $500,000 and to imprisonment for up to 18 months.
In accordance with section 40(2B)(a) of the BO, in case of minor works, any person directly concerned with the relevant building works, who carries out or authorises or permits such works to be carried out, in such manner that it causes injury to any person or damage to any property, shall be guilty of an offence and liable upon conviction to a maximum fine of $500,000 and to imprisonment for up to 18 months.
Pursuant to section 40(2G) of the BO, any person other than a PRC or a person acting under the supervision of any such contractor, who, without reasonable excuse, certifies or carries out minor works shall be guilty of an offence and shall be liable upon conviction to a maximum fine of $100,000 and to imprisonment for six months, and a further fine of $5,000 for each day that the offence has continued.
Moreover, pursuant to section 40(5) of the BO, any person, being a person directly concerned in or with any building works or street works, who permits the commission of any offence specified in section 40 of the BO shall be deemed to be guilty of such an offence and shall be liable to the prescribed penalty.
The spokesman reminded that it is in the interest of building owners to appoint a prescribed building professional and PRC for the carrying out of minor works. Building owners should also request the contractor to be appointed to substantiate whether he is a qualified registered contractor. The lists of registered contractors are available on the BD website (www.bd.gov.hk).
