The Development Bureau intends to revise the case
In view of the fact that in recent years more and more industrial buildings have been converted into illegal living, the authorities have formally banned. The latest proposal of the Council to amend the Buildings Ordinance, to owners who use or knowingly allow others to use industrial and commercial premises for illegal residential purposes, and any person who assists or incites the owner to carry out the conduct, including an agent, To enhance the deterrent effect; the amendment will also give the Buildings Department officers the investigative powers, including the application for court orders to enter the premises.
Proposed to protect pure tenants
The Development Bureau and the Buildings Department to submit a document to the Legislative Council Panel on Development to recommend amendments to the Buildings Ordinance to owners, tenants, tenants, tenants, tenants, tenants, tenants, tenants, tenants, The person in charge, etc., and any person who has assisted in the abetting of the owner, etc., to allow others to use industrial buildings for residential purposes, impose criminal sanctions to prevent illegal employment. If the offense is committed by a body corporate, the Administration proposes that the directors, managers and relevant managers of the body corporate, and the relevant partners, shall also be personally liable if they are found guilty of committing the offense under their consent or connivance.
However, in view of the fact that the tenants who live solely on industrial and commercial buildings and who do not have industrial and commercial premises are mostly disadvantaged, the Administration also proposes to introduce new criminal offenses, which expressly waives prosecution for living in industrial buildings without sub-tenancy Households to protect the real innocent people, will not be inadvertently subject to criminal sanctions.
Under the existing system, as long as the statutory order recipients complies with the orders issued by the Building Authority, they are no longer liable for the illegal use of their premises. Therefore, the Administration considers that the current legislation is not sufficient before the illegal use is revealed In order to enable the owner to cease to rent out its premises for illegal employment purposes, and in the process of earning the benefits, so that there is a need to add specific provisions to improve the deterrent.
Giving the HD the power to investigate
In addition, in order to strengthen enforcement efforts, the new amendments will also include empowerment of officers of the Buildings Department and the granting of court orders to enter the premises of the Buildings Department in the event that they are reasonably believed that the buildings are used for illegal domestic use. The Administration also recommends that the staff of the Buildings Department do not need to repeat the visit to the premises before applying for a warrant to enter the premises. There is no need to send a notice of the proposed court order to the relevant premises. The court will still hold a hearing to process the warrant application, but the Administration proposes that the hearing can be conducted in a unilateral manner that the owner and the tenant will not attend the hearing.
The Administration has indicated that it will continue to elaborate the details of the proposed legislative proposals and plans to submit amendments to the Bill by the end of this year. He Juye, Chairman of the Surveyors’ Building Policy Group, said that the latest proposals by the Administration or that some of the owners of the building blocks were worried that some of the modifications would cause them to fall into the net and that the offense would be a criminal offense. There is a need for more detailed breakdown of various irregularities. In his view, the original intention of the Administration is aimed at the housing, but it will be subject to the new regulations in the retrofitting of some mini-units in recent years. However, whether the owners will be required to pay the same criminal liability and have gray areas , To be further clarified by the authorities.