Hong Kong prosecutes owner, contractor and interior designer for modified load-bearing wall in upmarket Tseung Kwan O flat
- Case of illegal renovation at The Capitol at Lohas Park in Tseung Kwan O had triggered widespread safety concerns among residents in 2023
- Buildings Department reveals individuals face six charges and are scheduled to attend a hearing at Kwun Tong Magistrates’ Court next February
Hong Kong authorities have prosecuted the owner of an upmarket flat in Tseung Kwan O, as well as the contractor and interior designer responsible for the unauthorised modification of a load-bearing wall in the home.
The Buildings Department revealed on Friday that the individuals faced six charges and were expected to attend a hearing at Kwun Tong Magistrates’ Court next February.
In a statement, authorities added that the decision to prosecute followed “the results of an investigation and legal advice obtained from the Department of Justice”.
The flat is located in The Capitol at Lohas Park, a private housing estate in Tseung Kwan O. With a saleable area of 681 sq ft (63 square metres), the flat originally had three bedrooms.
During renovations last year, a number of walls and part of a load-bearing one were removed to create a bigger area.
Internet users suspected the supporting structure had been altered to create a door for the bedroom.
Compromised load-bearing walls would shift the burden to other walls. Overloaded walls could fail, causing building damage, according to experts.
The department subsequently ordered the owner to repair the wall.
Under the Buildings Ordinance, plans must be submitted to the department for approval in a private home before construction work can commence, unless there is an exemption.
The maximum penalty for carrying out such work without authorisation is two years in prison and a HK$400,000 (US$51,230) fine.
If the work has led to or is likely to cause injury to a person or damage property, the offender can be jailed for three years and fined HK$1 million.
The department can also issue an order to correct the issue. Failure to comply can result in one year’s jail and a fine of HK$200,000, as well as a penalty of HK$20,000 for every day of non-compliance.
Legislative Council housing panel member Edward Lau Kwok-fan said he hoped the court case could raise awareness of building safety and the need to seek approval even for interior renovations.
“Very often, the contractors or designers will just do whatever flat owners want them to do, and to save trouble, many will not apply to the government,” said Lau, a lawmaker from the Democratic Alliance for the Betterment and Progress of Hong Kong.
“They tend to think that even if there are unauthorised modifications, officers can hardly know because they will not enter their flats to inspect.”
His views were shared by Francis Lam Ka-fai, president of the Hong Kong Institute of Surveyors.
Asked about the implications of the contractor and designer also being prosecuted, Lam said: “It is time for a warning to prevent future offences.”
A Consumer Council study released in February also found that the home-renovation industry was faced with issues such as poor service and tricky sales tactics.
The watchdog received 1,205 complaints in the past seven years involving more than HK$276.9 million. The council found 75 per cent of 59 companies offered restructuring without assessing, after the watchdog made inquiries disguised as consumers.
