Editorial | Hong Kong requires solution on illegal structures

The array of initiatives announced by John Lee Ka-chiu makes his policy speech appear as if he is making too many commitments. While some measures are arguably too minor to be included in the document, they still reflect the government’s priorities and determination to get things done. A crackdown on illegal structures and other building management irregularities is just one of the many tasks facing Lee.

The city’s “once-in-500-years” black rainstorm last month exposed illegal structures and the unauthorised occupation of government land at Redhill Peninsula, the luxury estate at Tai Tam. Inspections found suspected illegal building work at 70 of 85 seaside properties, while 40 homes were also suspected of using land without permission. A concern group later identified as many as 173 luxury houses citywide that may have taken up government land without authorisation. This underlines the scale of the problems and inadequacies in enforcing the rules over the years.

It is to be welcomed that officials will table proposals next year to strengthen deterrence measures under the Buildings Ordinance. They include lowering prosecution thresholds and streamlining procedures. Penalties against illegal structures and non-compliance with orders served under building safety works will also be stiffened.

Currently, property owners found to have unauthorised structures are only prosecuted when they fail to comply with removal orders, with a maximum fine of HK$200,000 and one year in prison. They may also be fined HK$20,000 for each day of non-compliance. But the high number of illegal structures found across Hong Kong appears to show there is little fear of repercussions. Owners often seek to duck responsibility by claiming unauthorised structures have been inherited from previous owners.