Editorial | Sense of urgency is required in rectifying illegal structures in Hong Kong
Authorities have taken some action against owners in luxury estates who had illegally occupied government land or built illegal structures, but progress is slow
More than a year has passed since a Post investigation revealed the prevalence of unauthorised structures and illegal occupation of government land at three luxury estates in Hong Kong. The authorities responded by taking action against many of the owners of houses found to be in breach of the law, at Kowloon Peak, Tai Po and Tai Tam. This was a necessary step.
Progress has since been made in restoring the properties. But it is a painfully slow process. A return to the sites in December to compare drone footage with that of a year ago revealed only 10 per cent of owners concerned had dismantled their unauthorised structures and just a quarter had ceased occupying government land. There is still much work to be done.
The Lands Department issued statutory notices to owners of 34 of the 50 houses identified, requiring them to stop using government land. The Buildings Department imposed removal orders or sent advisory letters to 44 homeowners regarding unauthorised structures. As a result, some private gardens have been scaled back. Two swimming pools have been filled in. In some cases, demolition is under way. But far too many owners have not yet put things right.
Some may have legitimate reasons, either because they have appealed or their restoration plans are awaiting approval. But there should be no dragging of feet. The legal requirements must be complied with. The authorities are right to consider issuing warning letters or launching prosecutions if steps are not taken in adequate time. They must follow through on this promise.
A record rainstorm in September 2023 highlighted the problem of illegal structures on luxury estates, when slopes at another coastal development collapsed. The government promised action. Much-needed changes to the law are expected to be made next year. A consultation on proposed amendments to the Buildings Ordinance ended last month. The changes promise a stronger deterrent, with a focus on the more serious illegal structures, such as basements and podiums. Penalties are to be increased and the threshold for prosecution lowered to stop owners pleading ignorance. The scope of the law is to be extended to catch solicitors, property agents and other professionals assisting owners to buy properties with such structures.
These are sensible steps, but the details need to be carefully worked out. Officials should also be open to other ideas, such as a fixed penalty for those found to have unlawfully occupied government land. There is a need for a sense of urgency so that this widespread problem that has troubled the city for decades can finally be tackled. New laws are needed. But in the meantime, the crackdown on errant owners must go on.