Hong Kong may lower prosecution threshold for illegal structures, raise fines

Government plans to study whether Buildings Department can be granted more power, according to Secretary for Development Bernadette Linn

Minister says government will try to stop owners from using excuses to dodge responsibilities, such as claiming to not know which former owner built structures

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A landslide caused by a record rainfall in September led to the discovery that four seaside luxury homes at Redhill Peninsula in Tai Tam had unauthorised structures or encroached on government land. Photo: Yik Yeung-man

Published: 9:46pm, 26 Oct 2023

Hong Kong authorities will explore lowering the threshold for prosecuting homeowners found to have illegal structures on their properties and stiffening the penalty for the offence, the development minister has said.

Secretary for Development Bernadette Linn Hon-ho revealed on Thursday more details of the plan to tighten building laws next year as announced by Chief Executive John Lee ka-chiu in his policy address a day earlier.

Under the Building Ordinance, property owners found to have unauthorised structures at their homes are only prosecuted when they fail to comply with the removal order issued by the government.

“We don’t hope to see it happening again,” Linn said. “We hope to study whether the law can grant the Buildings Department more power. As long as it discovers unauthorised structures, it can launch prosecution action.”

Secretary for Development Bernadette Linn says the government will consider raising the maximum fine for breaches of the Building Ordinance. Photo: Edmond So

Linn added that the government would also explore increasing the maximum penalty for breaches of the law.

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