(a)
(b)
(c)
Answer:
Mr President,
(a)
(b)
of the number of cases involving the illegal alteration or redevelopment of small houses on private rural building lots in the New Territories over the past three years;
whether there are any laws prohibiting the carrying out of such works; and
if the answer to (b) is in the affirmative, whether any prosecutions have been instituted over the past three years against the property owners in the cases mentioned in (a) above; if so, of the total number of prosecutions instituted and the highest and lowest penalties imposed amongst the successful prosecutions; if not, why not?
The Government does not have records on illegal alteration or redevelopment of small houses on private rural building lots in the New Territories. However, over the past three years, the Buildings Department has received a total of 784 complaints about unauthorised building works relating to New Territories Exempted Houses (NTEHs), including small houses, either from the public or Government departments.
These complaints concern three main areas, namely NTEHs built without obtaining certificates of exemption under the Buildings Ordinance (Application to the New Territories) (Cap 121), NTEHS built larger than the specifications stipulated under the Ordinance, and additional structures to NTEHS in the form of roof-top structures, additional storeys, or enclosed balconies;
the Buildings Department may take enforcement action against any building works relating to an NTEH which are in breach of the specifications laid down in the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121) and are in contravention of the Buildings Ordinance (Cap 123). However, building works relating to an NTEH can be exempted from the Buildings Ordinance (Cap 123) if certificates of exemption are obtained from the Director of Lands under Cap 121. In non-compliance cases, the Director of Lands may consider retrospective approval if the NTEH does not breach the specifications under Cap 121 nor the lease conditions. If necessary, he may take lease enforcement action (including re-entry of the land) under the Crown Rights (Re-entry and Vesting Remedies) Ordinance (Cap 126); and
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