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In response to media enquiries on the inspection of a building in To Kwa Wan today (August 30), the Buildings Department issued the following statement:
The Buildings Department (BD) today deployed staff to conduct a compliance inspection of a building in To Kwa Wan. Prosecution action would be taken against those property owners who failed to comply with the statutory orders issued by the department.
During the inspection, it was confirmed that two removal orders had been complied with. Rectification works for another removal order was found to be in progress and the required works for the remaining nine removal orders were not yet commenced upon the expiry of the removal orders. The BD would cause the required works to be carried out by a government contractor to rectify those irregularities in default for the owners. Prosecution action would also be taken right away against the parties concerned who failed to comply with the statutory removal orders. According to s40(1BA) of the Buildings Ordinance (BO), any person who failed without reasonable excuse to comply with a removal order for unauthorised building works (UBWs) shall be liable on conviction to a fine of $200,000 and imprisonment for one year.
"The Government attaches great importance to building safety. As an enforcement department against UBWs, the BD is determined to take stringent enforcement action against UBWs that threaten public safety, in particular UBWs associated with sub-divided units which seriously obstructed fire escape routes. For those non-complying cases, we will apply for closure orders from the Court in the near future and arrange the government contractors to carry out the works required in accordance with the BO. After completion of the works, the BD will recover the cost of works and supervision charges from the property owners concerned in accordance with the BO," a spokesman for the BD stated.
The spokesman added that the BD had liaised with other Government departments including the Home Affairs Department, Social Welfare Department and Housing Department. Assistance would be provided to the tenants affected by the BD operation as necessary.
The subject building was an eight-storey composite building issued with an occupation permit in October 1957. According to the approved plans of the building, there were two flats (approved flats) for domestic use on each floor from 1/F to 7/F. Twelve out of the 14 approved flats had been sub-divided into a total of 39 units.
Immediately after the fatal fire incident in June 2011, BD staff conducted thorough inspections of the building concerned. UBWs, including those for sub-division of the approved flats that obstructed the means of escape to the rear staircase, unauthorised openings formed in the fire-resisting enclosures of the staircase, metal gates affecting means of escape, and others, were identified in various locations in the building. A total of 12 removal orders were thus issued in accordance with the BO to the relevant owners on June 30, 2011, requiring them to remove the UBWs or rectify the irregularities within 60 days.
The spokesman stressed that it was the basic responsibility of owners to maintain the safety of their buildings and, for this purpose, to carry out regular inspection and timely maintenance and repair of their buildings. The BD will continue to regulate building works under the BO stringently with a view to ensuring public safety, he said.
Ends/Tuesday, August 30, 2011
Issued at HKT 19:40
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