Greater deterrence needed to tackle illegal structures
- A law that is difficult to police is bad enough. It would be worse if the punishment was seen by some as not in line with the gravity of the offence
No one is above the law. This principle was manifested in the conviction of Otto Poon Lok-to, husband of Secretary for Justice Teresa Cheng Yeuk-wah, by a court last week. The former president of the Hong Kong Institute of Engineers was found guilty of knowingly breaking the law on illegal structures by building a swimming pool in the garden of his villa without the government’s approval. The breach came to light in January last year after Cheng was found to have illegal structures at a neighbouring villa she owned. But she was not prosecuted after independent legal advice was of the view that her case had no reasonable chance of a conviction in court.
Whether a fine of HK$20,000 (US$2,550) can reflect the gravity of the breach is open to discussion. Under the Buildings Ordinance, anyone who knowingly commences or carries out building works without obtaining approval from the authorities is liable to a fine of up to HK$400,000 and two years’ imprisonment. The court ruled that the pool in question was a sizeable structure that required prior permission for construction.
A separate case in 2011 saw the wife of former chief secretary Henry Tang Ying-yen fined HK$50,000 for a 2,400 sq feet unauthorised basement built at their house in Kowloon Tong. She also paid an extra HK$60,000 for the 120 days it took to build the basement. Compared to Tang’s basement, Poon’s case appears to be less serious. The pool and other illegal structures in his house have also been rectified. But as an engineer, he ought to have known what is or is not permitted under the law.
A law that is difficult to police is bad enough. It would be worse if the punishment was seen by some as not in line with the gravity of the offence. With so many illegal structures across the city, the government has already come under fire for being half-hearted in enforcement. Non-compliance may worsen if deterrence is insufficient. The judge’s decision is to be respected. The court, however, should be mindful of the prevalence of illegal structures and the perception of how the law is administered. Punishment that is commensurate with the gravity of the offence will send the right message that unauthorised structures are not to be accepted.
