Hong Kong authorities have issued dozens of removal orders and statutory notices to homeowners at two luxury developments after a Post investigation exposed widespread illegal use of land and unauthorised structures at both.
The government on Wednesday also warned it would consider prosecution if owners ignored instructions to comply with legislation.
The Development Bureau on Wednesday told the Legislative Council that only one house in Block B of Flamingo Garden near Kowloon Peak was found to be within the law.
The estate’s 15 other homes and all the 18 houses at Seaview Villas in Tai Po were found to have unauthorised structures and to have occupied government land illegally.
The two estates were among three upmarket developments investigated by the Post earlier this year, which exposed that most homeowners in the developments were suspected to have encroached on public land without permission for years.
The Development Bureau said the Buildings Department and Lands Department had issued removal orders and statutory notices to the 33 homes in the two developments with a deadline for compliance.
“If the orders or notices are still [not complied with] after expiry, depending on the progress of individual cases, the departments will consider initiating prosecution,” the bureau’s written statement said.
Officials added that they would also consider taking action against those involved in construction of unauthorised structures and encroachment on public land, such as contractors and other professionals.
The government said 15 out of 16 homes at Block B of Flamingo Garden were found to have unauthorised structures and that nine had encroached on government-owned land as well.
It added that two of the offenders had ceased illegal occupation of government land by June.
Authorities also found 14 homes at Seaview Villas that had illegal structures and had encroached on public land.
Three others had unauthorised structures and one had illegally annexed public land.
Two houses with unauthorised building structures in Seaview Villas were undergoing remedial works by June, and three homes with land notices were carrying out “demolition works”.
The Post investigation of Block B at Flamingo Garden and Seaview Villas, as well as at Rosa Villa in Tai Tam, found almost 90 per cent of the 50 luxury houses were suspected of having unauthorised additions with some built on public slopes.
A record-breaking downpour last September exposed extensive illegal additions on public slopes at 89 luxury waterside homes at Tai Tam’s Redhill Peninsula.
Only 15 homes at the site were found not to have breached building and land legislation.
The bureau said owners involved in 42 of the 72 removal orders were preparing to, or were carrying out, remedial work or had already complied with orders by last month.
Homeowners involved in 29 of the orders lodged appeals. Two have been rejected and the rest are still being considered.
Among the 33 homes that occupied government land, the bureau said over half of them had, or would, submit proposals for demolition and some had already started reinstatement.
The bureau said it had prosecuted three homeowners on Redhill Peninsula for building structures on public land.
It added that the Buildings Department was seeking legal advice on the prosecution of people involved in construction of unauthorised structures.
As part of its action to crack down on unauthorised structures at houses built on slopes, the bureau earlier examined 40 of the 72 houses on Beaulieu Peninsula in Tuen Mun and issued 46 removal orders.
The bureau said in June it had, or would, prosecute owners involved in 12 orders and that the subjects of another 11 orders had made “substantive progress” towards compliance.
There are seven cases where appeals have been lodged, and the deadlines have still to expire on 16 others.
Anyone convicted of failure to comply with a removal order under the Buildings Ordinance could face a maximum fine of HK$200,000 (US$25,617) and a year in prison.
They can also be fined an additional HK$20,000 for every day they remain in breach of an order.
Anyone who fails to observe a land notice and continues to occupy public land illegally can be fined HK$500,000 and jailed for up to six months for a first offence.
Repeat offenders face a maximum fine of HK$1 million and six months in jail, with an additional fine of HK$100,000 for each day the problem remains unresolved.
The government also dismissed suggestions that homeowners should be allowed to keep illegal structures if they paid compensation to the government.
The bureau said it would be “problematic” to regularise such additions on slopes because of safety concerns.
It added it would also “convey a wrong message” if owners were allowed to keep them if they paid compensation.
