Letters to the Editor, December 8, 2012

Recently, people have been having very heated discussions about the unauthorised building works at Chief Executive Leung Chun-ying's houses.

This near-hysterical over- reaction is probably because most people have the misconception that having or erecting any such structure is a criminal offence. This is not the case.

Normally, you would not be aware or bother to find out whether you have any unauthorised building works until you receive a letter from the Buildings Department, with an order saying the "… Building Authority may, under section 40 (1BA) of the Buildings Ordinance, prosecute you if you fail without reasonable excuse to comply with the order".

At this stage, you can either file an appeal or remove the unauthorised structures. If nothing is done, you will receive another letter from the department saying you may be prosecuted for non-compliance.

Even at this late stage, if you remove the structure or offer a reasonable explanation for it being there, you are deemed to have complied with the order and not to have committed a crime. Otherwise, you head to court.

Normally you don't need the department's approval before removing such a structure. Further, if it was discovered by you, and not the department, then you normally won't report to the authorities before or after the structure's removal.