In WKS 12666-67/2024, Mr Gordon Chan persuaded the Buildings Department to withdraw the summonses for failing to demolish an illegal rooftop structure, as the structure falls under an amnesty agreement back in 1975.
An elderly couple faced building summonses for failing to comply with a building order to demolish an illegal rooftop structure, under section 40(1BA) of the Buildings Ordinance (Cap 123). The structure in question is situated on top of a multi-story building in Tsuen Wan. The development was built, and its tenants moved in during the 1970s.
The Building Department registered a Building Notice in 2006 and a Building Order in 2012. However, around that time, the couple suffered serious health problems and did not know about the situation.
It is under this premise that Mr Gordon Chan, instructed by Wong & Tang Solicitors, wrote to the Buildings Department to make representations for the summonses to be withdrawn. In particular, since the Unauthorised Building Works existed before 1975 and hence are covered by an amnesty agreement between the Hong Kong Government and Heung Yee Kuk NT. The structure should be spared from demolition unless there are safety concerns that cannot be addressed.
After due consideration, the Building Department decided to withdraw all the summonses unconditionally. Allowing the elderly couple peace of mind to enjoy their remaining years under their own roof.
This case highlights the need to consider the historical and social context, especially in land and building issues in the New Territories.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
