A long-running dispute over a water leak took a new turn yesterday when a former director of the Buildings Department won his appeal against a conviction and fine for failing to stop seepage from his flat into the flat below.
Choi Yu-leuk, 71, was also granted legal costs by the Court of First Instance, which ruled prosecutors did not have enough evidence to prove beyond a reasonable doubt that Choi did not carry out repair works before the deadline he had been given. Choi had been fined HK$1,750.
Mr Justice Alan Wright said there was a 'realistic possibility' that the water - which continued to seep, after the deadline, from Choi's flat into the kitchen of the flat below - was residue from water used in government tests.
Choi, who was not in court, said in a statement later he was pleased with the outcome of the appeal which, he said, 'vindicated his innocence'.
He criticised the government. 'It calls into question the current practice and methodology adopted by the [government] in water seepage investigation,' he said. 'It is high time for the government to review its investigation methodology in accordance with engineering and scientific principles.'
That view was shared by the judge, who said the Food and Environmental Hygiene Department's practices for investigating water leaks might benefit from a review. A government expert had told the court that in cases when seepage continued past a repair deadline, no confirmation test was carried out to see where the water was coming from.
Choi was convicted in Kowloon City Court last April after a long-running dispute with a downstairs neighbour, who filed a complaint about seepage in January.
