Hong Kong – Property owner fined $18,000 for failing to comply with fire safety direction

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Property owner fined $18,000 for failing to comply with fire safety direction

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     An owner was convicted and fined $18,000 at the Eastern Magistrates’ Courts on June 6 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 65-year-old composite building at Nam On Street, Shau Kei Wan, requiring the owner to comply with the fire safety construction requirement by providing fire-rated doors at the unit entrances which open to the escape staircases.

     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 (June 21).

     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.