Prosecution

planning enforcement and 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 2021 2022 2023 2024 2025
No. of Prosecution Cases *
(No. of Summons)
70
(168)
52
(102)
61
(147)
67
(279)
82
(178)
Total Fine # (HK$) 7,303,000 4,279,000 5,786,000 9,823,000 9,617,000

Fine on a quarterly basis (HK$)

Quarter Q1 2025 Q2 2025 Q3 2025 Q4 2025 Q1 2026
Total # 3,609,000 3,308,000 3,416,000 1,050,000 984,000
Fine per case 26,000 - 1,392,000 10,000 - 533,000 9,000 - 572,000 24,000 - 211,000 12,000 - 216,000

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 (Q4 2025 and Q1 2026)

Sentence Date Location Zoning* Unauthorized Development Fine per case#
15/10/2025 Various Lots in D.D. 39 AGR Storage 84,000
22/10/2025 Various Lots in D.D. 46 AGR Storage 211,000
12/11/2025 Various Lots in D.D. 39 AGR Solar Panels Installation 46,000
12/11/2025 A Lot in D.D. 99, A Lot in D.D. 102 V Storage 100,000
12/11/2025 Various Lots in D.D. 117 AGR Storage 167,000
3/12/2025 Various Lots in D.D. 124 V Storage, Parking 62,000
10/12/2025 Various Lots in D.D. 119 V Workshop, Storage 24,000
10/12/2025 Various Lots in D.D. 79 AGR Storage 35,000
21/1/2026 Various Lots in D.D.120 V Storage 15,000
21/1/2026 Various Lots in D.D. 17 AGR Storage 25,000
4/2/2026 Various Lots in D.D. 107 AGR Animal Boarding Establishment 156,000
4/2/2026 Various Lots in D.D. 80 GB Storage, Recreation 66,000
4/3/2026 Various Lots in D.D. 118 AGR Storage 64,000
4/3/2026 Various Lots in D.D. 214 GB, V Parking 12,000

Non-compliance with Reinstatement Notice Cases (Q4 2025 and Q1 2026)

Sentence Date Location Zoning* Unauthorized Development Fine per case#
5/11/2025 A Lot in D.D. 110 AGR Filling of land 75,000
14/11/2025 Various Lots in D.D. 116 AGR Storage, Parking 37,000
3/12/2025 A Lot in D.D. 16 GB Storage 133,000
10/12/2025 Various Lots in D.D. 78 AGR Storage 25,000
17/12/2025 Various Lots in D.D. 17 AGR Filling of land 25,000
17/12/2025 Various Lots in D.D.17 AGR Parking 30,000
14/1/2026 Various Lots in D.D. 76 AGR Filling of land 216,000
21/1/2026 Various Lots in D.D. 93 CA Filling of pond 122,000
21/1/2026 Various Lots in D.D. 87 AGR Workshop, Storage 41,000
22/1/2025 Various Lots in D.D. 113 AGR Storage 92,000
11/2/2026 Various Lots in D.D. 119 GB Filling of land, Excavation of land 31,000
11/2/2026 Various Lots in D.D. 76 AGR Storage, Parking 18,000
5/3/2026 Various Lots in D.D. 2 GB Filling of land 53,000
25/3/2026 Various Lots in D.D. 93 CA Filling of pond 57,000

Non-compliance with Notice to Require Provision of Information Cases (Q4 2025 and Q1 2026)

Sentence Date Location Zoning* Unauthorized Development Fine per case#
4/3/2026 Various Lots in D.D. 129 GB Storage 15,000
* The following are abbreviations of the respective land use zoning of the relevant outline zoning plans:
  "AGR" - "Agriculture"
  "CA" - "Conservation Area"
  "GB" - "Green Belt"
  "I(D)" - "Industrial (Group D)"
  "REC" - "Recreation"
  "R(D)" - "Residential (Group D)"
  "V" - "Village Type Development"

# The fine is rounded to the nearest thousand.


Cases previously sentenced by Court

Q3 2024

Q4 2024

Q1 2025

Q2 2025

Q3 2025

 

Past prosecution cases (Press Release)

May 25, 2016

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