No fines in lieu of demolishing illegal structures

Stacy Shi

Paying fines in lieu of the demolition of illegal building structures will not be allowed, says Secretary for Development Bernadette Linn Hon-ho.

Linn rejected a suggestion from a lawmaker at a Legislative Council development panel meeting yesterday, saying it would give future generations the impression that they can break the law as long as they can afford to pay the fine.

This comes as the government proposed to amend the Buildings Ordinance, suggesting an increase in penalties for those who fail to adhere to mandatory building inspections or maintenance orders as well as noncompliance with removal orders for unauthorized building works.

Linn said the amendment exercise is in response to public concerns arising from construction site accidents. Recent years also saw incidents of concrete spalling off the external walls of buildings, and last year unauthorized building works in luxury estate Redhill Peninsula in Tai Tam were discovered.

She said the government will not take over owners' maintenance and repair responsibilities, but will support them in complying with relevant orders and at the same time impose legal liabilities and deterrent penalties.

At the panel meeting yesterday, Election Committee legislator Wendy Hong Wen asked whether owners could be exempt from the demolition or rectification of large-scale illegal structures that have been deemed not a danger after inspections if they pay a huge fine.

"We don't want to go down that road," Linn replied, citing the government's reluctance to signal to future generations that they can "pay to break the law."

She added it is also difficult to guarantee the structural safety of illegal structures as "no building plan was submitted and they probably don't have any records at the time of construction."

Lawmaker Chow Man-kong said some owners' corporations are concerned about whether legal liabilities will be vested in them or small owners after the legislative amendments.

Linn said prosecution will not be initiated immediately as long as owners' corporations begin to take action in response to mandatory orders.

"If an owners' corporation fulfills its obligations, individual owners will not need to be held liable, but there will be penalties against individual owners for any obstruction of law enforcement," she said.

Linn added that authorities will work with the Home Affairs Department to step up explanations.

The government also plans to restart the reporting mechanism for unauthorized building works in village houses in the New Territories.

Gary Hau Chi-keung, chairman of the Sheung Shui District Rural Committee, believes resuming the mechanism is "better than nothing." However, he also expressed reservations regarding the inadequacy of subsequent arrangements.

He suggested that as long as the illegal structure is verified as not posing a danger, constituting serious obstruction or exceeding the scope of the ownership, the structure should be allowed to legally exist after a declaration and paying a fine and premium.

Some legislators familiar with the policy suggested that the government could allow the registration of unauthorized building works first and then decide on the priority of enforcement depending on the seriousness of each case.

Linn said a two-month consultation period will begin at the end of the month, with the aim of introducing the amendment bill to Legco in the first half of 2026. She assured that the amendment will not be enacted within a few months and the government will conduct a comprehensive consultation process.

stacy.shi@singtaonewscorp.com

Editorial: Page 4