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Editorial | Much tougher stand on illegal Hong Kong structures must alter mindsets

Those who make serious unlawful additions to their Hong Kong homes face steeper fines and jail time under the latest proposals

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A landslide caused by record September rainfall revealed illegal basements under luxury homes at Redhill Peninsula in Tai Tam. Photo: Yik Yeung-man

The need for a new approach to Hong Kong’s prevalent illegal structures was highlighted last year when record rainfall caused a landslide and revealed flagrant abuses at luxury homes. Chief Executive John Lee Ka-chiu promised a crackdown and ordered a review of the relevant law.

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The proposed amendments were recently unveiled by the Development Bureau, and the changes are much-needed.

The government is, sensibly, adopting a pragmatic and balanced strategy. A sympathetic approach will be taken to minor unauthorised works, such as enclosed balconies, frames for air conditioners and canopies.

They will be allowed to stay, so long as owners arrange inspections and submit a declaration they are safe.

Hong Kong Chief Executive John Lee Ka-chiu promised a crackdown and ordered a review of the relevant law in the wake of a rainfall-caused landslide that revealed flagrant abuses at luxury homes. Photo: Sun Yeung
Hong Kong Chief Executive John Lee Ka-chiu promised a crackdown and ordered a review of the relevant law in the wake of a rainfall-caused landslide that revealed flagrant abuses at luxury homes. Photo: Sun Yeung

This will enable the authorities to focus their enforcement efforts on more serious illegal additions, such as basements, podiums or rooftop structures. The maximum fine for such breaches is to be significantly increased, from HK$400,000 to HK$2 million (US$51,533 to US$257,668), while the potential two-year prison term will remain.

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Crucially, the threshold for prosecutions will be lowered. Currently, the law only catches owners who “knowingly” erect a structure without approval.

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