Property owner fined over $6,000 for not complying with mandatory window inspection statutory notice

     An owner was fined about $6,500 at the Eastern Magistrates' Courts this month for failing to comply with a statutory notice issued in respect of his domestic unit under the Mandatory Window Inspection Scheme (MWIS) according to the Buildings Ordinance (BO) (Cap. 123).

     The subject unit is located at a 70-year-old eight-storey residential building on Des Voeux Road West, Hong Kong. A statutory notice was issued under section 30C(4) of the BO by the Buildings Department (BD), requiring the owner of the unit to appoint a qualified person to carry out an inspection and, if necessary, repairs of the windows in his unit.

     Since the owner failed to comply with the statutory notice, he was prosecuted by the BD and was convicted and fined on August 19.

     "Failing to comply with a statutory notice without reasonable excuse is a serious offence under the BO. The BD may instigate prosecution proceedings against the owner according to the BO," a spokesman of the BD said today (August 31).

     Pursuant to section 40(1BD) of the BO, any person who, without reasonable excuse, fails to comply with a statutory notice served on the person, commits an offence and is liable on conviction to a fine at level 4 ($25,000 at present) and to imprisonment for three months, as well as a further fine of $2,000 for each day that the offence has continued.

     The cost information for window inspection and common window repair items under the MWIS is available at www.bd.gov.hk/doc/en/safety-and-inspection/mwis/property-owners-and-owners-corporation/MBISMWIS_CostReference.pdf. The Layman's Guide on MWIS can also be downloaded from the BD's website (www.bd.gov.hk/doc/en/resources/pamphlets-and-videos/LGMWIS_e.pdf).