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Legal Observatory / Everyday Rights

Legal Update China Hong Kong SAR Court judgment

Hong Kong Courts Fine Three Property Owners $317,440 for Persistent Failure to Comply with Buildings Ordinance Removal Orders

Three property owners in Hong Kong SAR were convicted and fined a total of $317,440 at the Kwun Tong Magistrates' Courts for persistently failing to comply with removal orders issued under the Buildings Ordinance.

What Changed

  • Three property owners were convicted on October 13, 2026, receiving fines totaling $317,440 for persistent non-compliance with removal orders.
  • The fines included substantial daily accumulated penalties for ongoing violations affecting composite and industrial properties in Jordan and Kwun Tong.
  • The Buildings Department reiterated its commitment to repeated prosecutions under the Buildings Ordinance, which permits daily fines of up to $20,000 alongside statutory penalties.

Property owners in Hong Kong SAR face significant legal and financial risks for failing to rectify unauthorised building works (UBWs). On October 13, 2026, the Kwun Tong Magistrates' Courts convicted and fined three property owners a total of $317,440 for persistently failing to comply with removal orders issued under section 24(1) of the Buildings Ordinance (BO) (Cap. 123).

The enforcement actions brought by the Buildings Department (BD) involved three distinct properties:

1. Jordan Composite Building: The first case involved projecting structures with a total area of about 5.4 square metres on Woosung Street, Jordan. Having been prosecuted twice previously, the owner persisted in non-compliance. Upon a third prosecution, the court imposed a fine of $139,700, of which $123,700 represented daily fines for the continuing period of the offence.

2. Kwun Tong Composite Building: The second case concerned an unauthorised structure of approximately 20 square metres on a flat roof and the removal of a fire-resisting door at a unit entrance on Hip Wo Street, Kwun Tong, violating the Building (Construction) Regulation. Following one prior prosecution, the owner was prosecuted a second time and fined $105,640, including $90,640 in daily accumulated penalties.

3. Kwun Tong Industrial Building: The third case involved an unauthorised structure erected in a means of escape alongside the removal of several fire-resisting concrete block walls and doors on Kwun Tong Road, Kwun Tong. Following three prior prosecutions, the owner faced a fourth prosecution and was fined $72,100, which included $32,100 for the daily continuation of the offence.

Under the Buildings Ordinance, failure to comply with a removal order without reasonable excuse is a serious criminal offence. The statutory maximum penalty upon conviction is a fine of $200,000 and one year's imprisonment, with an additional daily fine of up to $20,000 for each day the offence continues.

A spokesman for the BD stated on October 14, 2026, that unauthorized alterations—especially those compromising fire-resisting construction—pose grave public safety risks. The department confirmed it will continue to take stringent enforcement action and initiate further prosecutions against non-compliant property owners.

Who May Be Affected

Property owners, landlords, and property managers in Hong Kong SAR with unauthorized building works or unrectified removal orders.

Cross-Border Context

Relevant for foreign and cross-border investors, corporate property owners, and real estate legal advisers managing property portfolios in Hong Kong SAR.

What to check next

  • Check statutory compliance guidelines issued by the Hong Kong Buildings Department regarding unauthorised building works.
  • Review section 24(1) of the Buildings Ordinance (Cap. 123) and the Building (Construction) Regulation.

This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.

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