Henry Tang Ying-yen and his wife should be criminally investigated, in the light of evidence suggesting they planned their 'underground palace' at a Kowloon Tong house before it was completed in 2007, a legal academic and a building expert say.
If the Buildings Department decided to investigate, it should rope in the police to look for witnesses because buildings officers had limited powers, law professor Eric Cheung Tat-ming of the University of Hong Kong said yesterday.
However, prosecution may be difficult unless there are witnesses and written records to prove their case.
The call came a day after the department said it would issue only a non-binding letter to Tang's wife, Lisa Kuo Yu-chi, who owns the house at 7 York Road, advising her to demolish the 2,250 sq ft illegal basement. The department did not mention prosecution.
The couple admitted on Thursday night that they knew the basement was illegal and Kuo was responsible for the project.
Cheung said that judging from what the couple had said, 'there are reasonable grounds for suspicion that somebody has committed a criminal offence'.
Under part 1AA of section 40 of the Buildings Ordinance, the department could, without the need to issue an advisory letter or demolition order, prosecute 'any person who knowingly contravenes' the requirement to obtain approval for beginning construction work. Offenders face a fine of up to HK$400,000 and two years in prison.
