Tag Archives: China

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Property owner fined over $150,000 for not complying with mandatory window inspection statutory notice

     An owner was fined over $150,000 at the Kwun Tong 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 penalty is the highest amount imposed so far with respect to similar cases.

     The subject unit is located at a 32-year-old 31-storey residential building on Po Lam Road North, Tseung Kwan O. 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. The owner pleaded guilty to the charge on February 16 this year and was heavily fined $151,500 by the court on June 8 when he still failed to comply with the notice. The fine included the daily fine for non-compliance with the notice for about 300 days.

     “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”, a spokesman for the BD said today (June 24).

     Pursuant to section 40(1BD) of the BO, any person who, without reasonable excuse, fails to comply with a statutory notice served on him or her 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).   read more

Auction of personalised vehicle registration marks on July 4

     The Transport Department (TD) today (June 24) announced that the next auction of personalised vehicle registration marks (PVRMs) will be held on July 4 (Sunday) at Meeting Room N101, L1, Hong Kong Convention and Exhibition Centre, Wan Chai.
 
     “A total of 180 approved PVRMs will be put up for public auction. A list of the marks has been uploaded to the department’s website, www.td.gov.hk,” a department spokesman said.
 
     The reserve price of each of these marks is $5,000. Applicants who have paid a deposit of $5,000 should also participate in the bidding (including the first bid at the reserve price). Otherwise, the PVRM concerned may be sold to another bidder at the reserve price.
 
     People who wish to participate in the bidding at the auction should take note of the following points:
 
(1) Bidders are required to produce the following documents for completion of registration and payment procedures immediately after successful bidding:
 
(i) the identity document of the successful bidder;
(ii) the identity document of the purchaser (if the purchaser and the successful bidder are different persons);
(iii) a copy of the Certificate of Incorporation (if the purchaser is a body corporate); and
(iv) a crossed cheque made payable to “The Government of the Hong Kong Special Administrative Region” or “The Government of the HKSAR”. For an auctioned mark paid for by cheque, the first three working days after the date of auction will be required for cheque clearance confirmation before processing of the application for mark assignment can be completed. Successful bidders may also pay through the Easy Pay System (EPS), but are reminded to note the maximum transfer amount in the same day of the payment card. Payment by post-dated cheque, cash, credit card or other methods will not be accepted.
 
(2) Purchasers must make payment of the purchase price through EPS or by crossed cheque and complete the Memorandum of Sale of PVRM immediately after the bidding. Subsequent alteration of the particulars in the Memorandum will not be permitted.
 
(3) A PVRM can only be assigned to a motor vehicle which is registered in the name of the purchaser. The Certificate of Incorporation must be produced immediately by the purchaser if a vehicle registration mark purchased is to be registered under the name of a body corporate.
 
(4) The display of a PVRM on a motor vehicle should be in compliance with the requirements stipulated in Schedule 4 of the Road Traffic (Registration and Licensing of Vehicles) Regulations.
 
(5) Any change to the arrangement of letters, numerals and blank spaces of a PVRM, i.e. single and two rows as auctioned, will not be allowed.
 
(6) The purchaser shall, within 12 months after the date of auction, apply to the Commissioner for Transport for the PVRM to be assigned to a motor vehicle registered in the name of the purchaser. If the purchaser fails to assign the PVRM within 12 months, allocation of the PVRM will be cancelled and arranged for re-allocation in accordance with the statutory provision without prior notice to the purchaser.
 
(7) In view of public health concerns, all persons entering the auction venue will have to undergo on-the‑spot body temperature checks arranged by the TD. Any member of the public whose body temperature is higher than 37.5 degrees Celsius or who refuses to undergo a body temperature check will be denied entry to the auction hall and the payment office. The TD also requests all persons entering the auction hall and the payment office to wear masks and clean their hands with alcohol-based sanitiser, and to wear masks throughout the duration of the auction and payment process.
 
(8) In order to reduce the risk of the virus spreading, the TD will adjust the distance between seats and the number of seats in the auction hall and the payment office, and implement crowd-control measures. The TD also appeals to the bidders to reduce the number of accompanying persons as far as possible. Furthermore, the auction in the morning and afternoon will each be divided into two sessions so as to shorten the duration of crowd congregation. The first session of the morning auction will commence at 9.25am while the second session will begin no earlier than 10.30am. The first session of the afternoon auction will commence at 2.25pm while the second session will begin no earlier than 3.35pm. The auction venue will be disinfected before the commencement of the second sessions. Interested bidders may arrive at the auction venue in accordance with the time schedule for the auction of vehicle registration marks.
 
(9) In order to more effectively assist the Department of Health in epidemiological investigations and to protect the safety of members of the public and employees, members of the public will be required to scan the “LeaveHomeSafe” QR code or register their names, contact numbers and the date and times of their visits before entering the auction venue (the auction hall and the payment office). As a result of the arrangement, members of the public are advised to remain patient as the waiting time for entering the auction venue may be longer.
 
     “Upon completion of the Memorandum of Sale of PVRM, the purchaser will be issued a receipt and a Certificate of Allocation of Personalised Registration Mark. The Certificate of Allocation will serve to prove the holdership of the PVRM. Potential buyers of vehicles bearing a PVRM should check the Certificate of Allocation with the sellers and pay attention to the details therein. For transfer of vehicle ownership, this certificate together with other required documents should be sent to the TD for processing,” the spokesman added.
 
     For other auction details, please refer to the Guidance Notes – Auction of PVRM, which is available at the department’s licensing offices or can be downloaded from its website, www.td.gov.hk. read more

Auction of traditional vehicle registration marks to be held on July 3

     The Transport Department (TD) today (June 24) announced that the auction of traditional vehicle registration marks will be held on July 3 (Saturday) in Meeting Room N101, L1, Hong Kong Convention and Exhibition Centre, Wan Chai.

     “A total of 220 vehicle registration marks will be put up for public auction. The list of marks has been uploaded to the department’s website, www.td.gov.hk,” a department spokesman said.

     Applicants who have paid a deposit of $1,000 to reserve a mark for auction should also participate in the bidding (including the first bid at the reserve price of $1,000). Otherwise, the mark concerned may be sold to another bidder at the reserve price.

     People who wish to participate in the bidding at the auction should take note of the following important points:

(a) Successful bidders are required to produce the following documents for completion of registration and payment procedures immediately after the successful bidding:

(i) the identity document of the successful bidder;
(ii) the identity document of the purchaser if it is different from the successful bidder;
(iii) a copy of the Certificate of Incorporation if the purchaser is a body corporate; and
(iv) a crossed cheque made payable to “The Government of the Hong Kong Special Administrative Region” or “The Government of the HKSAR”. (For an auctioned mark paid for by cheque, the first three working days after the date of auction will be required for cheque clearance confirmation before processing of the application for mark assignment can be completed.) Successful bidders can also pay through the Easy Pay System (EPS). Payment by post-dated cheques, cash or other methods will not be accepted.

(b) Purchasers must make payment of the purchase price through EPS or by crossed cheque and complete the Memorandum of Sale of Registration Mark immediately after the bidding. Subsequent alteration of the particulars in the memorandum will not be permitted.

(c) A vehicle registration mark can only be assigned to a motor vehicle which is registered in the name of the purchaser. The Certificate of Incorporation must be produced immediately by the purchaser if a vehicle registration mark purchased is to be registered under the name of a body corporate.

(d) Special registration marks are non-transferable. Where the ownership of a motor vehicle with a special registration mark is transferred, the allocation of the special registration mark shall be cancelled.

(e) The purchaser shall, within 12 months after the date of auction, apply to the Commissioner for Transport for the registration mark to be assigned to a motor vehicle registered in the name of the purchaser. If the purchaser fails to assign the registration mark within 12 months, allocation of the mark will be cancelled and arranged for re-allocation in accordance with the statutory provision without prior notice to the purchaser.

(f) In view of public health concerns, all persons entering the auction venue will have to undergo on-the‑spot body temperature checks arranged by the TD. Any member of the public whose body temperature is higher than 37.5 degrees Celsius or who refuses to undergo a body temperature check will be denied entry to the auction hall and the payment office. The TD also requests all persons entering the auction hall and the payment office to wear masks and clean their hands with alcohol-based sanitiser, and to wear masks throughout the duration of the auction and payment process.

(g) In order to reduce the risk of the virus spreading, the TD will adjust the distance between seats and the number of seats in the auction hall and the payment office, and implement crowd-control measures. The TD also appeals to the bidders to reduce the number of accompanying persons as far as possible. Furthermore, the auctions in the morning and afternoon will each be divided into two sessions so as to shorten the duration of crowd congregation. The first session of the morning auction will commence at 9.25am while the second session will begin no earlier than 10.35am. The first session of the afternoon auction will commence at 2.25pm while the second session will begin no earlier than 3.40pm. The auction venue will be disinfected before the commencement of the second sessions. Interested bidders may arrive at the auction venue in accordance with the time schedule for the auction of vehicle registration marks.

(h) In order to more effectively assist the Department of Health in epidemiological investigations and to protect the safety of members of the public and employees, members of the public will be required to scan the “LeaveHomeSafe” QR code or register their names, contact numbers and the date and times of their visits before entering the auction venue (the auction hall and the payment office). As a result of the arrangement, members of the public are advised to remain patient as the waiting time for entering the auction venue may be longer.

     For other auction details, please refer to the Guidance Notes – Auction of Vehicle Registration Marks, which can be downloaded from the department’s website, www.td.gov.hk. read more

REO appeals to registered functional constituency electors to pay attention to inquiry letters

     The Improving Electoral System (Consolidated Amendments) Ordinance 2021 has been published in the Gazette and came into effect on May 31. For compilation of the 2021 functional constituencies (FCs) provisional register, the Registration and Electoral Office (REO), yesterday (June 23) started sending inquiry letters to more than 20 000 registered electors in the FCs to notify them that they may no longer be eligible for registration in their original FCs, and therefore may not be included in the 2021 FCs provisional register.
       
FCs with changes in registration eligibility
 
     Under the Ordinance, the electorates of nine FCs (i.e. real estate and construction; commercial (second); industrial (first); financial services; sports, performing arts, culture and publication; import and export; textiles and garment; wholesale and retail; and catering) have been revised to be composed of corporate electors only. Individual electors are no longer eligible for registration in these FCs. The above affected individual electors do not need to reply to the REO upon receipt of the inquiry letters. However, if these electors meet the registration eligibility of any other FC, they must submit an application no later than July 5 in order to register in an FC for which the elector concerned is eligible.
       
     Regarding the individual electors and corporate electors of other FCs, if they receive inquiry letters issued by the REO, they must reply together with the proof of their eligibility via mail, fax or email in accordance with the letter’s instructions on or before July 5 in order to maintain their FC elector status and to vote in the Legislative Council General Election (LCGE) to be held in December this year and at subsequent public elections. If electors meet the registration eligibility of any other FC, they must submit an application no later than July 5 in order to register in an FC for which the elector concerned is eligible.
 
     The registration eligibility of the FCs deleted under the Ordinance has been listed in the Annex for reference. Existing electors registered under such eligibility will be included in the inquiry process and receive inquiry letters.
 
     To remind the electors that the letters are important and should be opened and replied to (if applicable) as soon as possible, the envelopes of all inquiry letters (sample envelope attached) carry a prominent message, “Immediate action required. Your voting right is at stake.” If the REO does not receive a valid reply from an elector under inquiry by the deadline of July 5, the registered particulars of the elector will be included in the 2021 FCs omissions list to be published on or before September 26. Electors included in the omissions list have to make a claim to the Revising Officer within the statutory duration from September 26 to October 9, such that upon approval of the Revising Officer, their voter registration (VR) status may be reinstated and they may be included in the 2021 FCs final register and be able to vote in the LCGE to be held in December this year.
 
Three FCs to be deleted
 
     As regards the three FCs to be deleted under the Ordinance (i.e. information technology, District Council (first) and District Council (second)), all existing electors registered in these FCs will be directly removed from the registers of FC electors without being subject to the inquiry process nor issuance of inquiry letters. If a removed elector meets the registration eligibility of any other FC, he or she may submit an application no later than July 5 in order to register in a FC for which he or she is eligible.
 
     The special VR arrangement opened on June 1. Newly eligible electors and affected voters who are no longer eligible must submit VR applications on or before the special VR deadline of July 5 to register in any other FC for which they are eligible in order to be included in the 2021 FCs provisional register.
 
     Electors who have enquiries on the letters received from the REO may call the REO hotline at 2891 1001. Moreover, details on the frequently asked questions, registration forms and the special VR arrangement are available on the VR page of the REO’s website (www.reo.gov.hk/en/voter/register.htm). read more