Conviction and fines for fire safety non-compliance

Two co-owners were fined $18,530 each at the Fanling Magistrates’ Courts on May 28 for not complying with a fire safety direction issued under the Fire Safety (Buildings) Ordinance (FS(B)O) (Cap. 572), as reported by The Government of the Hong Kong Special Administrative Region.

The Buildings Department (BD) had issued the direction under section 5(2)(a)(ii) of the FS(B)O, requiring the co-owners of a domestic flat in a 54-year-old composite building in Tai Po to install a fire-rated door and remove a metal gate at the unit entrance, which opens directly to a staircase.

The owners’ failure to meet these requirements led to their prosecution and subsequent conviction.

Legal implications and penalties

A BD spokesperson highlighted the gravity of the offence: “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.”

Under section 5(8) of the FS(B)O, failure to comply with a statutory direction can result in a fine at level 4 ($25,000) and an additional $2,500 for each day of non-compliance.

Upon conviction, the court may also issue a Fire Safety Compliance Order directing the owner to meet the requirements of the direction.

Specific case details

The case involved a domestic flat in a composite building in Tai Po, which is 54 years old.

The fire safety direction mandated the installation of a fire-rated door and the removal of a metal gate that opened directly to a staircase, a critical safety concern.

The owners did not comply, leading to their prosecution and subsequent fines.

The BD’s actions reflect its commitment to ensuring fire safety compliance in buildings across Hong Kong, reinforcing the importance of adhering to statutory directions to prevent potential fire hazards.