Members of the public are invited to provide their views on the issues set out in this consultation paper (please refer to Annex D) on or before 28 February 2025, in particular on the following matters -
(a)to provide suggestions on how the Government could better support owners to maintain and repair their buildings, based on the principle that building maintenance and repair is the primary responsibility of owners (i.e. paragraph 2.16 in Chapter 2);
(b) do you agree with the Government's principle of adopting a carrot and stick approach to enhance support to owners on the one hand, and introducing fixed penalty, increasing penalties and creating a new offence to compel compliance with MBIS and MWIS notices on the other hand (i.e. paragraphs 2.3-2.9 and 2.16 of Chapter 2 as well as paragraph 2.14(a)-(c));
(c) do you agree that the Government should rationalise the policy on UBWs by striking a balance between leniency and rigour, and adjusting enforcement latitude having regard to the type and nature of contravention (i.e. paragraph 3.7 of Chapter 3);
(d)do you agree that the Government should adopt a pragmatic and facilitating approach (i.e. the proposals in paragraph 3.8 of Chapter 3) to deal with "minor UBWs" related to people's daily lives and constitute lower risks;
(e)targeting cases constituting serious contraventions and posing higher risks, do you agree to improve effectiveness of enforcement through the proposals in paragraphs 3.9-10 of Chapter 3, so as to combat "serious UBWs" vigorously;
(f) for UBWs in NTEHs, do you agree to reopen the one-off administrative Reporting Scheme with all the old arrangements maintained (i.e. paragraphs 3.13-14 of Chapter 3);
(g)do you agree with the proposals in paragraph 4.11 of Chapter 4 to strengthen the enforcement powers of BD, to introduce an indictable offence and increase the penalties for persons directly concerned with works involving serious injury or death, making it on a par with that of the OSHO; and
(h) do you agree with the proposals in paragraphs 4.12-13 of Chapter 4 to enhance the registration and disciplinary systems and to enhance the regulatory regime for building works.
5.2 The channels for submission of views are set out below:
Email address: [email protected]
Mail address: 17/F, West Wing, Central Government Offices,
2 Tim Mei Avenue, Tamar, Hong Kong
Development Bureau (Planning and Lands Branch)
Online form: https://www.devb.gov.hk/en/issues_in_focus/proposals-to-amend-thebuildings-ordinance/online-form-for-sending-us-your-views/index.html
5.3 We will treat the submissions received as public information, and may reproduce and publish the submissions in whole or in part and in any form for the purposes of this consultation and any directly related purposes without seeking permission of or providing acknowledgement to the senders. If the senders request anonymity in the submissions, we will remove their names and other personal data when publishing their views.
Development Bureau
December 2024