Editorial : Exercise Tougher Enforcement to Curb Major Illegal Structures
文章日期：2024年12月18日
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【明報專訊】HIGHER PENALTIES related to building safety and new offences are proposed in the government's bill to amend the Buildings Ordinance. The proposed amendments will lower the prosecution threshold for major illegal structures. For properties purchased after the regulations come into effect, owners can no longer evade legal responsibilities regarding such structures not initiated by themselves. However, whether the authorities can significantly enhance their enforcement effectiveness for the numerous pre-existing cases of major illegal structures remains uncertain.
The Buildings Ordinance has been in force since 1955, and has seen no substantial revision over the years apart from the government's introduction of the Mandatory Building and Window Inspection Scheme in 2012. The Development Bureau has recently submitted a paper to the Legislative Council to give an account of the proposed amendments. Regarding mandatory building and window inspections, the government proposes introducing a fixed penalty of $6,000 for non-compliance with mandatory building inspection notices, and the fixed penalty for non-compliance with mandatory window inspection notices will double to $3,000.
The authorities also propose raising the maximum penalties that may be imposed by the court. For those failing to comply with mandatory building inspection notices concerning the exterior walls or projections thereof, the maximum fine would increase from $50,000 to $200,000, while maintaining the imprisonment term at one year. As for non-compliance with mandatory window inspection notices, the maximum fine would rise from $25,000 to $100,000, with the three-month imprisonment term unchanged.
In addition, the authorities suggest introducing a new offence targeting cases of overdue compliance with window and building inspection orders. If such cases result in injury, death or property damage, the maximum penalty would be a fine of $300,000 and imprisonment for one year.
According to official figures, since the implementation of the scheme, 7,800 and 12,700 private buildings have received notices for mandatory building and window inspections respectively. However, the compliance rates are relatively low, with the compliance rate for mandatory window inspections at 71% and that for mandatory building inspections at only 41%. The compliance rate for public areas related to pedestrian safety, such as building exteriors, is particularly low. The proposed amendments suggest fines of a few thousand dollars, which are still too light. In cases that endanger pedestrians or even result in casualties, imprisonment is also deemed reasonable.
As for major illegal structures, such as the erection of platforms and basements, the proposal primarily includes three amendments: first, increasing the penalties for non-compliance with demolition orders to a maximum fine of $300,000 and two years of imprisonment for a first offence; second, lowering the threshold for prosecution; and third, introducing new offences to strengthen the accountability of owners, real estate agents and lawyers, with aiding and abetting owners in such violations also constituting a crime.
Still, however strict the laws are, they may fail to produce a deterrent effect if the enforcement is weak. The authorities have not suggested any solution against existing major illegal structures. The proposed amendments will not grant law enforcement officers greater authority to enter premises for evidence collection. Therefore, as long as the owner does not sell the property, even if there are major illegal structures, the owner can still rest easy after the amendments. The government must enhance its enforcement capabilities by utilising technology such as drones for inspections, and immediately prosecute upon discovering major illegal structures to achieve a deterrent effect.
明報社評2024.12.17：修例打擊嚴重僭建 還須賦權加強執法
政府建議修訂《建築物條例》，加強涉及樓宇安全的罰則，並引入新罪行。修例建議降低檢控嚴重僭建的門檻，業主在相關規定生效後購入物業，不能再以嚴重僭建非己所為而逃避法律責任，但對於現已存在的大量嚴重僭建個案，當局執法效能可否得到顯著提升，仍是一個問號。
《建築物條例》1955年起實施，除了2012年政府推出強制驗樓驗窗計劃外，多年來並無重大修改。發展局近日向立法會提交文件，交代修例建議。強制驗樓驗窗方面，政府建議就不遵辦強制驗樓通知，引入6000元定額罰款；強制驗窗通知定額罰款則倍升至3000元。
當局又建議提高法庭可判處的最高罰則，涉及外牆或其伸出物部分的強制驗樓通知，最高罰款由5萬元提高至20萬元，監禁則維持1年；不遵辦驗窗通知，則由2.5萬元增至10萬元，監禁維持3個月。
另外，當局提出引入新罪行，針對逾期未有遵辦驗窗驗樓個案，若發生導致傷亡或財物損毁情况，最高可罰款30萬元及監禁1年。
根據當局數字，計劃實施以來，分別有7800幢及12,700幢私人樓宇接獲強制驗樓及驗窗通知，但遵辦率偏低，強制驗窗遵辦率為71%，強制驗樓遵辦率更只得41%，大廈外牆等事關行人安全的公用部分，遵辦率尤低。修例建議區區數千元罰款，仍嫌太輕。至於危及路人甚至造成傷亡損失的個案，判處監禁亦屬合理。
至於嚴重僭建物，例如搭建平台及地庫等，修例建議主要有三，一是提高不遵辦清拆令罰則，首次不遵辦最高罰款30萬元及監禁兩年，二是降低檢控門檻，三是引入新罪行，加強追究業主、地產代理及律師的責任，協助業主違法同屬犯罪。
可是如果執法力度不足，法例定得再嚴，也未必能夠有效發揮阻嚇作用。對於已存在的嚴重僭建物，未見當局有何處理良方。修例建議並未賦權執法人員有更大權力入屋蒐證，只要業主不買賣，就算物業有嚴重僭建物，修例後業主依然可以安枕無憂。政府必須加強執法能力，多用無人機等科技巡查，一揭發嚴重僭建就馬上提控，才有阻嚇力。
■Glossary 生字 /
abet (sb) : to help or encourage sb to do sth wrong
deterrent : making sb less likely to do sth
rest easy : to relax and stop worrying
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