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Hong Kong – Property owner fined over $15,000 for failing to comply with fire safety direction

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Property owner fined over $15,000 for failing to comply with fire safety direction

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     An owner was convicted and fined $15,825 at the Fanling Magistrates’ Courts on April 16 for failing to comply with a fire safety direction issued under the Fire Safety (Buildings) Ordinance (FS(B)O) (Cap. 572).

     The Buildings Department (BD) issued a fire safety direction under section 5(2)(a)(ii) of the FS(B)O to the owner of a domestic flat in a 58-year-old composite building at San Cheung Street, Sheung Shui, requiring the owner to comply with the fire safety construction requirement by providing a fire-rated door at the unit entrance which opens directly to a staircase.

     Failing to comply with the statutory direction, the owner was prosecuted by the BD and was convicted and fined by the court.

     “According to the FS(B)O, failing to comply with a statutory direction issued under the ordinance without reasonable excuse is a serious offence. The BD may instigate prosecution proceedings against the owner”, a spokesman for the BD said today (April 30).

     Pursuant to section 5(8) of the FS(B)O, any person who, without reasonable excuse, fails to comply with a statutory direction, commits an offence and is liable on conviction to a fine at level 4 ($25,000 at present) and to a further fine of $2,500 for each day of non-compliance. Upon conviction, an application may also be made to the court for a fire safety compliance order against the owner under section 6(1) of the FS(B)O directing the owner to comply with the requirements of the direction.

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