Hong Kong barrister seeks judicial review over illegal structures order

Senior counsel Alan Hoo has applied to the High Court for a judicial review after building authorities rejected his constitutional arguments against an order to remove alleged illegal structures from his home.

The 74-year-old barrister received the Buildings Department order on January 23, 2025. It required him to rectify alterations at his Seascape property near Pok Fu Lam within 60 days. The structures include additions on a staircase hood roof, three on the main roof, and one on a ground-floor planter.

Hoo’s lawyers argued that the Appeal Tribunal (Buildings Ordinance) should consider whether the order violates his rights to home protection and privacy under Article 29 of the Basic Law and Article 14 of the Hong Kong Bill of Rights. The works have existed since Hoo bought the house in 1979 and pose no immediate safety risk.

The order would require Hoo to leave his home for six months while he recovers from a bacterial infection that has left him paralysed and using a wheelchair since March 2025.

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Hong Kong residents navigate fire-damaged ruins of Wang Fuk Court to retrieve cherished family items before farewell.
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Residents of Hong Kong's Wang Fuk Court have returned to the fire-ravaged ruins in recent days, climbing stairs to retrieve jewellery, cash, photo albums and keepsakes before bidding farewell to their homes. The fire services chief acknowledged at a hearing that departments need better communication while insisting on clear divisions of responsibility. The blaze killed 168 people.

More than 240 owners at Hong Kong's fire-ravaged Wang Fuk Court petitioned the government-appointed administrator Hop On Management Company in late April for an extraordinary general meeting. They warned of legal action at the Lands Tribunal if it is not held within 45 days, as required by the Building Management Ordinance. The petition, signed by 247 owners or 12.45% of units, exceeds the 5% threshold.

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Hong Kong's inquiry into the deadly Tai Po fire at Wang Fuk Court heard that the temporary removal of fireproof windows complied with regulations. Panel chairman Mr Justice David Lok Kai-hong questioned whether existing rules fairly balance workers' welfare and residents' safety. The inferno, which lasted 43 hours starting November 26 last year, killed 168 people in the deadliest blaze since 1948.

Hong Kong authorities have proposed mandatory briefings for building renovation projects to increase homeowner participation and curb bid-rigging, in response to a fatal fire in Tai Po. The amendment to the Building Management Ordinance seeks to close legal gaps. Officials highlighted information asymmetry as a key cause of recent disputes.

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Hong Kong's Deputy Chief Secretary Warner Cheuk Wing-hing defended on Saturday the three-hour limit for residents of the fire-ravaged Wang Fuk Court to retrieve belongings, saying it prevents overcrowding, unfairness and delays. Each household can register up to four people, but only one at a time in severely damaged flats for safety. He noted that four people over three hours provide 12 hours total to pack.

An independent committee probing last year’s Wang Fuk Court fire in Tai Po heard that Hong Kong’s Fire Services Department declined to issue an emergency alert due to fears of confusion and the system’s one-hour activation time. The blaze killed 168 people, Hong Kong’s deadliest since 1948. Officers testified on responsibilities and response failures.

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