Having completed the inspection of all houses along the seafront of Redhill Peninsula in Tai Tam, the Government today said it will consider prosecution against the offenders after examining the evidence and seeking legal advice.

In addition to the four houses with unauthorised building works (UBWs) involved in a landslide in September, the Buildings Department (BD) and the Lands Department (LandsD) began a large-scale joint operation on September 22 to inspect another 85 houses along the seafront of Redhill Peninsula. The officers successfully entered all 85 houses for inspection and collection of evidence.

At this stage, it is found that 29 houses involved both UBWs and unlawful occupation of government land, 40 involved UBWs, and one involved unlawful occupation of government land. No UBWs or unlawful occupation of government land were found in the remaining 15 houses.

Correspondingly, the BD and the LandsD have been issuing removal orders or notices to require the owners to remove the UBWs in private premises and land, and require relevant people to demolish the structures on government land and cease occupation of the land.

For cases impacting the slope or the building structure, the owners must appoint registered building professionals to submit remedial proposals and building plans to the BD, and reinstate the affected parts of the buildings by registered contractors in accordance with the approved plans. The reinstatement works should be commenced within 90 days and completed within 150 days from the date of issuance of the order.

For UBWs not involving the above circumstances, the owner must appoint registered building professionals or registered contractors to carry out the removal of UBWs. The works have to be commenced within 30 days and completed within 60 days from the date of issuance of the order.

At the same time, the BD will deliver its orders to the Land Registry for registration against the relevant property titles. This practice is commonly known as “imposing an encumbrance on the register”.

For cases of unlawful occupation of government land, the individuals involved must submit a proposal for the demolition of structures on government land for approval by the LandsD within 30 days from the date of the notice issued by the department, and ensure that the works will not affect the safety and stability of the slope. The demolition works should be done within 150 days from the date of issuance of the notice.

Prosecution will be instigated by the BD or the LandsD against owners who fail to comply with their orders or notices without reasonable excuse. The owners must also bear the costs of removing the UBWs and the structures occupying government land.

Meanwhile, the investigations into the irregularities of the four houses at Redhill Peninsula are underway. The Government said it will take further prosecution action against the people involved if there is sufficient evidence.

Moreover, the Government is continuing with the investigation of the causes of the landslide. If it is evident that UBWs or unlawful occupation of government land in individual houses were related to the landslide, the Government will seek to recover the cost of emergency repair works and related costs incurred in the earlier upgrading of slopes from the relevant people.

Separately, the BD and the LandsD started another joint operation this month in relation to houses along the seafront or near the slope on Beaulieu Peninsula in Tuen Mun.

This came after UBWs, unauthorised site formation works and unlawful occupation of government land were shown in aerial photos, the BD explained.