The Fire Safety (Buildings) (Amendment) Bill 2024: Modernising Building Safety Standards in Hong Kong

Fire Safety (Buildings) Ordinance (Cap. 572) (the Ordinance) focuses on pre-1987 composite and domestic buildings, highlighting the need to update fire safety standards in older buildings across Hong Kong. The urgency for passing the Bill is further underscored by the tragic No.3 alarm fire in New Lucky House at the intersection of Jordan Road and Nathan Road situated in Yau Ma Tei in April 2024, which resulted in five deaths and around 40 injuries. The fire broke out in a 60-year-old building with guest houses and subdivided flats, causing dense smoke and complicating rescue operations. Following this incident, the Fire Services Department intensified inspections and issued numerous fire hazard abatement notices, emphasising the critical need for updated fire safety standards to prevent similar incidents in the future. The Fire Safety (Buildings) (Amendment) Bill 2024 (the Bill) aims to bring these buildings up to current fire protection standards by empowering enforcement authorities to carry out fire safety improvement works for owners who fail to comply with fire safety directions or compliance orders. The amendment also provides for the recovery of costs for these works, increases penalties for non-compliance and expands the functions of advisory committees to enhance fire safety improvements.

Some building owners, particularly those managing "three-nil" buildings (i.e. buildings without owners' corporations, residents' organisations or property management companies), face significant difficulties in adhering to the Ordinance due to coordination challenges. To address these issues, the government plans to implement specific measures, including financial assistance programmes, technical support, coordination services, public awareness campaigns and expanded advisory committee function, to support owners facing genuine difficulties and to promote overall compliance with the Ordinance. By passing the Bill, enforcement authorities are empowered to improve fire safety facilities in old buildings and then recover the costs from the non-compliant owners after completion, including a maximum of 20% surcharge. The Bill was published in the Gazette on 5 July 2024 and passed by LegCo on 11 December 2024.

Key amendments

Enhanced enforcement powers

Enforcement authorities are empowered to carry out fire safety improvement works for building owners who fail to comply with fire safety directions or compliance orders. This includes entering premises, conducting necessary works and recovering costs from the owners. Additionally, enforcement powers may involve issuing penalties for non-compliance and taking legal action (such as entry and inspection, conducting improvement works, issuing compliance orders and closure orders, and imposing obstruction penalties) to enforce compliance. These powers are essential for maintaining public safety, health and welfare.

Registration of directions

The amendment introduces provisions for the registration of fire safety directions and compliance orders in the Land Registry to ensure transparency and enforceability. Enforcement authorities can register a fire safety direction served on a building owner against the land register of the building. If the direction is complied with or withdrawn, or if it is replaced by a fire safety compliance order, the relevant instrument must also be registered. This ensures that any fire safety directions and their compliance status are officially recorded, providing transparency and accountability. Failure to comply with these registration requirements can result in penalties ranging from fines and compliance orders to prohibition and closure orders.

Establishing advisory committees

The Bill introduces a significant new provision regarding the establishment of advisory committees. These committees are mandated to be formed by enforcement authorities and are composed of members with relevant expertise. The primary function of these advisory committees is to provide guidance on matters related to fire safety improvements, including assisting enforcement authorities in forming opinions on whether specific fire safety measures are appropriate for particular buildings, advising on the prioritisation of buildings for fire safety interventions and offering technical insights on proposed fire safety improvement works. They provide advice only on matters referred by the enforcement authority, may invite input from building owners and their recommendations must be considered by the authorities before making decisions. The advisory committees play a crucial role in ensuring that fire safety measures are effectively implemented and that decisions are informed by expert knowledge.

New offences - obstructing works and refusal to contribute to cost

It is now an offence to obstruct fire safety improvement works, including refusing access to premises or failing to contribute to costs. Penalties include fines and imprisonment. Specifically, a person who obstructs a person employed or engaged by an owners' corporation in carrying out any fire safety improvement works, or refuses to allow access to any part of the building necessary for these works, commits an offence and is punishable by a fine at level 3 and six months' imprisonment. Additionally, refusing to contribute to the costs of the fire safety improvement works also constitutes an offence and is punishable by a fine at level 4.

Penalties

To prevent owners from overly relying on the government to handle the works, the maximum fine for non-compliance with a "fire safety direction" is increased from HKD 25,000 to HKD 100,000, with additional daily fines for continuing offences. The maximum fine for non-compliance with a "fire safety compliance order" is increased from HKD 50,000 to HKD 200,000. The Bill raises penalties for non-compliance and establishes rules to prevent interference with owners' corporations' efforts to meet the Ordinance's requirements. This ensures that essential fire safety upgrades are carried out, even if owners are unable or unwilling to do so themselves.

Key terms

Terms	Summary
Certificate of Compliance	Issued by enforcement authorities as an official confirmation once a building meets the required fire safety directions. The building owner or occupier implements the fire safety measures as directed and requests an inspection from the enforcement authority. The enforcement authority inspects the building to verify compliance. If compliant, the authority issues the Certificate of Compliance.
Fire Safety Directions	Enforcement authorities issue fire safety directions to building owners or occupiers, requiring them to comply with specified fire safety measures. Amended under section 5(5) to include any changes made to an existing fire safety direction by the relevant enforcement authority.
Fire Safety Compliance Orders	Issued by magistrates for non-compliance with directions and are registered in the Land Registry. Updated to include any modifications made to an existing compliance order by a magistrate under the authority of section 6(4).
Prohibition Orders	Legal directives issued to ensure compliance with fire safety measures and to mitigate risks associated with non-compliance, including sealing entrances or exits of buildings. Can be made by a magistrate when there is a failure to comply with fire safety directions or compliance orders. Must be registered in the Land Registry to be legally binding and owners/occupiers must be notified.
Duty to Notify Transfer of Interests	New owners of buildings must notify enforcement authorities of any transfer of interests in buildings subject to fire safety directions or compliance orders. Failure to do so is an offence.
Entry Powers	Authorities are granted enhanced powers to enter premises to carry out fire safety works, including breaking in during emergencies without a warrant in urgent cases. They can also dispose of unused materials or wastes generated from the works, ensuring premises are left safe and compliant.
Closure Orders	An order made under section 19N by an enforcement authority to close a building or part of it. Authorities can apply for court orders to close buildings posing significant fire risks. This includes removing occupants from the premises and sealing exits to prevent fire hazards and ensure public safety.
Cost Recovery	Procedures for recovering fire safety works costs from building owners, including issuing recovery certificates and imposing surcharges on unpaid costs. These certificates are then registered in the Land Registry, ensuring that the costs are legally documented and enforceable.

Conclusion

The Bill represents a significant step forward in enhancing fire safety standards in Hong Kong. By empowering enforcement authorities, increasing penalties for non-compliance and expanding the functions of advisory committees, the amendment aims to ensure fire safety compliance and provide authorities with the necessary powers to enforce fire safety measures. The legislative amendment is crucial for creating a safer living environment for all residents and maintaining high standards of building safety.

Acknowledgements to Trainee Solicitor Karen Lee for research and contribution to this article.

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