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Higher fines for unauthorised developments
A resolution to increase the level of fines for unauthorised development under the Town Planning Ordinance will be moved into the Legislative Council on June 28, 1995.
The resolution proposes that any person who undertakes or continues an unauthorised development will be liable to a maximum fine of $500,000 on first conviction and to $1,000,000 on each of second and subsequent convictions.
At present, the maximum fine for undertaking or continuing an unauthorised development is $100,000.
The resolution also proposes that any person who fails to comply with the requirements specified in a notice served under the Ordinance will be liable to the same level of increased fine and, in addition, a daily fine for a continuing offence of $50,000 for first conviction, and $100,000 for each of second and subsequent convictions.
The present level of fine is $100,000 and daily fine is $10,000.
A Government spokesman said the Town Planning Ordinance was amended in 1991 to empower the Director of Planning to take enforcement action against unauthorised development within development permission areas in the New Territories. The intention was to contain the widespread environmental degradation of the countryside caused by haphazard development.
"The present level of fines under the Ordinance is too low to be a sufficient deterrent against unauthorised development. Profit generated from unauthorised development can be substantial, and in comparison, the fines appear to be minimal," the spokesman said.
So far, fines imposed under the Ordinance have been in the range of $5,000 to $199,000 with most fines in the lower end of the range.
Up to early March 1995, 105 defendants in 67 cases of unauthorised development have been convicted. Of these, only 26 cases have been discontinued after conviction.