Resolute law enforcement against repeated wrongs

The urban area of Hong Kong is densely developed. Apart from an abundance of skyscrapers, numerous signboards fill busy streets and alleys. Many of those signboards are unauthorised structures which have been in existence for a long time. To safeguard public safety, we are adopting a multi-pronged strategy to rectify the problem of existing unauthorised signboards through law enforcement, the Minor Works Control System (MWCS) and the Validation Scheme for Unauthorised Signboards (Validation Scheme).

Under the Buildings Ordinance, the erection of signboards is a type of building works. The Government introduced the MWCS and the Validation Scheme in December 2010 and September 2013 respectively. Through simple procedures, signboard owners may appoint building professionals and registered minor works contractors to erect small signboards or conduct safety inspection so as to retain existing unauthorised signboards for continued use. The schemes were implemented to facilitate legal erection of signboards among business owners and to give owners of unauthorised signboards a fair chance to rectify the problem, so as to safeguard public safety.

Meanwhile, the Buildings Department (BD) is obliged to strictly enforce the law against unauthorised signboards which have not joined the Validation Scheme. In May 2014, the BD launched a pilot large-scale operation (LSO) in Fuk Wing Street, Sham Shui Po. Some 117 removal orders and 18 Dangerous Structure Removal Notices (DSRNs) for abandoned or dangerous signboards were issued. In 2015, LSOs were extended to Wing Lok Street in Sheung Wan, Jardine’s Bazaar in Causeway Bay, Portland Street in Yau Ma Tei, Tai Nan Street in Sham Shui Po, and certain sections of Nam Kok Road in Kowloon City. Removal orders were issued for 432 unauthorised signboards, and DSRNs were issued for 44 abandoned or dangerous signboards. As at June this year, 195 of these unauthorised, abandoned or dangerous signboards were validated or removed. This year, LSOs will be further extended to sections of the following six streets, namely Thomson Road in Wan Chai, Tsat Tsz Mui Road in North Point, Temple Street in Jordan, Portland Street in Mong Kok, Chuen Lung Street in Tsuen Wan, and San Fat Street in Sheung Shui.

In addition, the BD is expediting and strengthening enforcement actions against mega signboards which are in serious breach of the law. In the past, the BD would engage its contractors to promptly remove signboards which posed imminent risk or had structural problems; for other unauthorised signboards, removal orders would usually be issued to require owners for their removal. However, taking into account the high public risk posed by mega signboards that are in serious breach of the law, the BD has been actively applying to the Court for priority demolition orders under section 24B of the Buildings Ordinance in recent months, with a view to removing such signboards as soon as possible to safeguard public safety. In the past three months, the BD has successfully applied to the Court for six priority demolition orders. Six mega signboards of this kind were removed under such orders and the removal costs and surcharges were recovered from the signboard owners.

While we appreciate the need for business owners to erect signboards for publicity purpose, this does not mean that we can ignore public safety for their sake or find excuses for their illegal acts. Just like the problems of lease breaches or illegal use of industrial buildings, and unauthorised extensions in squatter structures mentioned in my blog earlier, we are taking steps to rectify such “repeated wrongs” progressively. We will accord priority to dealing with lease-breaching uses of industrial building premises with Licence for Manufacture and/or Storage of Dangerous Goods issued by the Fire Services Department that induce public flow; step up crackdowns on sub-divided units in industrial buildings, and cease the discretionary arrangements for rectification of new squatter extensions. Whenever regulatory measure is proposed, “inconveniences” are inevitably caused to some people, and the Government is therefore sometimes criticised as “overkilling”. However, on the premise of public interest and safety, we need to stay on this right course despite the criticisms and gradually rectify these long-standing problems. Otherwise, such problems will only become further entrenched and ultimately irreversible. I hope the public will understand and continue to support our work.

 
Fuk Wing Street, Sham Shui Po – Before LSO
Fuk Wing Street, Sham Shui Po – Before LSO
Fuk Wing Street, Sham Shui Po – After LSO
Fuk Wing Street, Sham Shui Po – After LSO
Portland Street, Yau Ma Tei – Before LSO
Portland Street, Yau Ma Tei – Before LSO
Portland Street, Yau Ma Tei – After LSO
Portland Street, Yau Ma Tei – After LSO
For mega signboards in serious breach of the law, the BD will actively apply to the Court for priority demolition orders.
For mega signboards in serious breach of the law, the BD will actively apply to the Court for priority demolition orders.
After the issuance of Court order.
After the issuance of Court order.

31 July, 2016

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