Prosecution

  • The Authority can instigate direct prosecution under sections 20(7) and 20(8) and 21 and 21F against a person who is undertaking or continuing an unauthorized development.
  • The Authority can instigate prosecution against the land owner, occupier, and person responsible who fail to comply with the Enforcement Notice, Stop Notice, and Reinstatement Notice under Section 23(6) and the Notice to obtain information under Section 22(8) of the Ordinance.

Penalty: Maximum Fine: $1,000,000

  • Failure to comply with the enforcement notice, stop notice, and reinstatement notice is an offence under Section 23(6) of the Ordinance. The fine for a first conviction is up to $500,000 plus a daily fine of $50,000 after the expiry of the notice. In the case of a second or subsequent conviction, the fine is up to $1,000,000 plus a daily fine of $100,000.
  • Any person who fails to provide the information as required under the Notice to Require Provision of Information, provides false information, or knowingly omits any particular material commits an offence under Section 22(8) of the Ordinance and is liable to a fine up to $100,000.


Prosecution Statistics under the Town Planning Ordinance

Year 2020 2021 2022 2023 2024
No. of Prosecution Cases *
(No. of Summons)
154
(404)
70
(168)
52
(102)
61
(147)
66
(218)
Total Fine # (HK$) 13,156,000 7,303,000 4,279,000 5,786,000 9,823,000

Fine on a quarterly basis (HK$)

Quarter Q2 2024 Q3 2024 Q4 2024 Q1 2025 Q2 2025
Total # 1,885,000 2,914,000 1,765,000 3,609,000 3,308,000
Fine per case 8,000 - 545,000 18,000 - 662,000 14,000 - 377,000 26,000 - 1,392,000 10,000 - 533,000

Remarks:

* Included cases with a conviction record.
# The total fine includes cases imposed with a daily fine and is rounded to the nearest thousand. Cases pending a sentence are not included.


Cases recently sentenced by Court

Non-compliance with Enforcement Notice Cases (Q1 2025 and Q2 2025)

Sentence Date Location Zoning* Unauthorized Development Fine per case#
8/1/2025 Various Lots in D.D. 385 V Storage 67,000
15/1/2025 Various Lots in D.D. 80 REC Storage 176,000
15/1/2025 Various Lots in D.D. 80 REC Storage 158,000
22/1/2025 Various Lots in D.D. 19 V Parking 89,000
5/2/2025 A Lot in D.D. 39 AGR Storage 78,000
26/2/2025 Various Lots in D.D. 111 V Storage, Parking 629,000
5/3/2025 A Lot in D.D. 82 REC Storage 306,000
5/3/2025 A Lot in D.D. 117 REC Parking, Storage 267,000
5/3/2025 Various Lots in D.D. 119 AGR Storage 26,000
12/3/2025 A Lot in D.D. 90 AGR Workshop, Parking 58,000
9/4/2025 Various Lots in D.D. 119 AGR Storage, Parking 299,000
16/4/2025 Various Lots in D.D.118 AGR Parking, Storage 170,000
30/4/2025 Various Lots in D.D. 79 AGR Filling of land 10,000
30/4/2025 Various Lots in D.D. 79 AGR Filling of land 57,000
30/4/2025 Various Lots in D.D. 117 AGR Storage 94,000
14/5/2025 Various Lots in D.D. 119 V Workshop, Storage 115,000
21/5/2025 A Lot in D.D. 104 OU(CDWRA), R(D) Storage 533,000
28/5/2025 Various Lots in D.D. 111 V Storage 78,000
28/5/2025 Various Lots in D.D. 80 REC Storage 191,000
28/5/2025 Various Lots in D.D. 83 V Parking ,Storage 73,000
4/6/2025 Various Lots in D.D. 129 GB Storage 275,000
11/6/2025 Various Lots in D.D. 19 V Parking 32,000
25/6/2025 Various Lots in D.D. 100 REC Parking, Storage 67,000
25/6/2025 A Lot in D.D. 129 GB Storage 64,000

Non-compliance with Reinstatement Notice Cases (Q1 2025 and Q2 2025)

Sentence Date Location Zoning* Unauthorized Development Fine per case#
15/1/2025 A Lot in D.D. 90 AGR, GB Storage, Parking 78,000
15/1/2025 A Lot in D.D. 90 AGR Filling of land 41,000
22/1/2025 A Lot in D.D. 113 AGR Storage 25,000
5/2/2025 Various Lots in D.D. 113 AGR Storage 86,000
12/2/2025 A Lot in D.D. 1 CPA, R(C)2 Storage 96,000
12/2/2025 Various Lots in D.D. 115 V Filling of land 1,392,000
19/2/2025 A Lot in D.D. 119 GB Storage 38,000
16/4/2025 Various Lots in D.D. 93 CA(1) Filling of pond, Filling of land 249,000
29/4/2025 Various Lots in D.D. 93 CA(1) Filling of pond 208,000
30/4/2025 Various Lots in D.D. 79 AGR, GB Filling of land 198,000
30/4/2025 A Lot in D.D. 79 AGR Filling of land 68,000
14/5/2025 A Lot in D.D. 39 AGR Storage, Parking 30,000
14/5/2025 Various Lots in D.D. 17 AGR Filling of land 15,000
14/5/2025 Various Lots in D.D. 113 AGR, CA Storage 31,000
14/5/2025 Various Lots in D.D. 17 AGR Parking 20,000
28/5/2025 Various Lots in D.D. 119 GB Storage 95,000
28/5/2025 A Lot in D.D. 79 AGR Filling of land 163,000
4/6/2025 Various Lots in D.D. 76 AGR Filling of land 114,000
18/6/2025 Various Lots in D.D. 76 AGR Filling of land 16,000
25/6/2025 Various Lots in D.D. 129 GB Filling of land 45,000
* The following are abbreviations of the respective land use zoning of the relevant outline zoning plans:
  "AGR" - "Agriculture"
  "CA" - "Conservation Area"
  "CPA" - "Coastal Protection Area"
  "GB" - "Green Belt"
  "OU(CDWRA)" - "Other Specified Uses annotated Comprehensive Development to include Wetland Restoration Area"
  "REC" - "Recreation"
  "R(C)" - "Residential (Group C)"
  "R(D)" - "Residential (Group D)"
  "V" - "Village Type Development"

# The fine is rounded to the nearest thousand.


Cases previously sentenced by Court

Q4 2023

Q1 2024

Q2 2024

Q3 2024

Q4 2024

 

Past prosecution cases (Press Release)

May 25, 2016

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