Person who was not a qualified person fined for certifying window inspections under Mandatory Window Inspection Scheme
Hong Kong (HKSAR) - A person was convicted of 10 charges under section 40(2I) of the Buildings Ordinance (Cap 123) (BO) and fined a total of $20,000 for impersonating a qualified person (QP) under the Mandatory Window Inspection Scheme (MWIS) earlier this year.
This is the first successful prosecution case against a person other than a QP who certified window inspections under the MWIS.
In May 2016, the Buildings Department (BD) received a report from a QP, who is a registered minor works contractor (individual), alleging that his capacity as a QP was impersonated by another person and this imposter had submitted a certificate to the BD using the QP's name and quoting the QP's registration number in relation to a window inspection carried out at a premises in San Po Kong. After detailed investigation, it was found that a person who bore the same name as the QP submitted a total of 10 certificates on window inspection to the BD between June 2015 and May 2016. The imposter certified in the certificates, quoting the registration number of the QP, that he had carried out window inspections at nine different premises.
He was then prosecuted by the BD for the offence under section 40(2I) of the BO. He pleaded guilty to the 10 charges at West Kowloon Magistrates' Courts on August 24 and was fined a total of $20,000.
A spokesperson for the BD reiterated that, under the MWIS, only QPs can carry out window inspection and supervise window repair. It is an offence if any person other than a QP certifies window inspection or certifies or supervises window repair.
Upon receipt of reports or arising from audit checks, the BD will conduct investigations and take appropriate actions against irregularities committed by the relevant persons, including instigating prosecution.
Pursuant to section 40(2I) of the BO, any person other than a QP who, without reasonable excuse, certifies a window inspection or certifies or supervises a window repair, commits an offence and is liable on conviction to a fine at level six and to imprisonment for six months, and to a fine of $5,000 for each day during which it is proved to the satisfaction of the court that the offence has continued.
Published on: 2017-10-12
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