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For discussion
on 26 March 2024
LEGISLATIVE COUNCIL
PANEL ON DEVELOPMENT
Proposal on Mak
ing Permanent One Time-limited
Supernumerary Directorate Post of
Chief Building Surveyor / Chief Structural Engineer
in the Buildings Department
PURPOSE
The paper seeks Members’ views on the proposal of making
permanent a time-limited supernumerary bi-disciplinary post
1
in the rank
of Chief Building Surveyor (CBS)/Chief Structural Engineer (CSE) (D1)
in the Existing Buildings Division 1 of the Buildings Department (BD) to
(i) lead and oversee enforcement actions and policy reviews against
unauthorised building works (UBWs) in New Territories Exempted Houses
(NTEHs); and (ii) support building control and enforcement work against
non-NTEHs in the New Territories to cope with growing workload arising
from completed private buildings in the Northern Metropolis amongst
others. The conversion is proposed to take effect from 15 July 2024 upon
the lapse of the existing time-limited CBS/CSE post, or with immediate
effect upon approval of the Finance Committee (FC) of the Legislative
Council, whichever is later.
B
ACKGROUND
Village Houses Section (VHS) Since 2012
2.
To provide BD with necessary directorate staffing support to
oversee the enforcement strategy against NTEHs, FC approved in April
2012 the creation of a time-limited CBS/CSE post, designated as Chief
Officer/Village Houses (CO/VH), for 10 years up to March 2022 to head a
dedicated VHS. In July 2022, while some members acknowledged the
need for a permanent post to sustain enforcement efforts against NTEHs,
FC agreed to re-create the post for two years up to July 2024 to allow time
1
The civil service establishment includes posts on the permanent establishment and those on the non-
permanent establishment (i.e. time-limited posts). Time-limited directorate posts are referred to as
“supernumerary directorate posts”, which are time-limited posts on the non-permanent establishment. It
does not mean they are not counted towards the establishment.
LC Paper No. CB(1)341/2024(04)
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for the Government to review the enforcement strategy in the light of
experience gained, estimated size of UBW problem in NTEHs, and the
recommendations of a direct investigation by the Ombudsman (OMB) and
consider the way forward.
3.
In the past two years, the incumbent CO/VH led the VHS to step
up enforcement against UBWs in NTEHs through multiple measures under
existing strategy, including eradicating UBWs causing immediate public
danger as top priority
2
; launching village-by-village large scale operations
(LSOs) to deal with UBWs without immediate danger yet constituting
serious legal contravention and posing higher public safety risks (classified
as First Round Targets
3
(FRTs)); attending to public reports which
averaged more than 6 000 reports each year; issuing removal orders and
stepping up prosecution against non-compliant orders; monitoring the
implementation of the Reporting Scheme (please see paragraph 11 below),
etc. As can be seen at Annex A summarising VHS’s work progress, the
workload on all fronts has increased substantially over the years.
4.
In addition to the above stepped up efforts, BD, with the support
of the Development Bureau (DEVB), has also reviewed the enforcement
strategy. In the light of the review findings, DEVB/BD considers a need
to make permanent the time-limited CBS/CSE post. Apart from meeting
the operational need to sustain enforcement efforts against UBWs in
NTEHs, the proposed permanent post is also needed to cope with the
growing workload on building control against UBWs in non-NTEHs in the
New Territories arising from the rapid development of the Northern
Metropolis.
JUSTIFICATIONS FOR A PERMANENT DIRECTORATE POST
Overseeing and Sustaining Enforcement Efforts Against UBWs in
NTEHs
Existing Enforcement Strategy
5.
Implemented since April 2012, the existing enforcement strategy
against UBWs in NTEHs is founded on four principles, namely
safeguarding building and public safety, acting in accordance with the law,
2
Unauthorised metal railing on canopy with unauthorised wall opening, or unauthorised structure built on
other unauthorised structures.
3
FRTs mainly include NTEHs of four storeys or more, enclosed rooftop structures covering more than
50% of the roofed-over area of the building concerned, and signboards erected on unauthorised rooftop
structures, etc.
-3-
categorisation for control and management and prioritisation for
progressive enforcement. Under this strategy –
(a) immediate enforcement action is taken against (i) UBWs
constituting obvious hazard or imminent danger to life or
property
2
to safeguard structural safety; and (ii) UBWs under
construction or built on or after 28 June 2011 to curb new UBWs;
and
(b) progressive enforcement action is taken against (i) FRTs (i.e.
UBWs constituting serious legal contravention and posing higher
public safety risks
3
) via village-by-village LSOs in phases; and
(ii) UBWs not reported in the Reporting Scheme.
6.
In order to curb new UBWs, BD took a snapshot of the situation
in April 2012 by launching a Reporting Scheme (please see paragraph 11
below). Also, specified green and amenity facilities (GAFs) (e.g.
lightweight canopy, metal drying rack, main entrance metal gate, etc.) of a
relatively lower safety risk are permitted to be erected or exist in an NTEH
without the need to seek the permission from the Lands Department
(LandsD) or BD
4
.
Estimated Size of NTEH UBW Problem
7.
Based on desktop surveys and verification against available
inspection records
5
, BD estimates that there were about 99 000 NTEHs in
the territory as at September 2023. Taking out the 56 200 NTEHs already
inspected with enforcement taken against the UBWs found between 2012
and 2023, drawing reference from past enforcement actions and inspections
by random sampling, BD estimates that there are (i) about 2 900 FRTs in
the remaining about 42 800 NTEHs; and (ii) 166 700 non-FRTs and UBWs
not reported under the Reporting Scheme (referred to as “non-FRT
UBWs”) yet to be handled.
8.
Having reviewed the operational experience gained over the
years, estimated size of UBW problem in NTEHs, and the
recommendations of the OMB report
6
, DEVB/BD considers that while the
4
The list of specified GAFs is reviewed from time to time and was last expanded in December 2023 to
include a total of 28 items.
5
The estimate is based on desktop counting of NTEHs from existing government records, e.g. Geospatial
Information Hub of LandsD, Building Records Access and Viewing On-line of BD, survey sheets, lot
index plans, outline zoning plans, village maps under Schedule 1-3 of the Rural Representative Election
Ordinance (Cap. 576), etc. The counting covered NTEHs in 642 recognised villages, 121 non-recognised
villages under Cap. 576 and those NTEHs not in villages (e.g. isolated NTEHs or estate-type NTEHs).
6
The key recommendations of the OMB report include – estimating the number and types of UBWs;
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key directions of the existing enforcement strategy remain largely valid,
improvement or further action is called for in the following areas including
(i) speeding up the handling of the estimated 2 900 FRTs; (ii) formulating
an optimal and pragmatic approach in dealing with the 166 700 non-FRT
UBWs; (iii) stepping up prosecution efforts against non-compliant removal
orders; and (iv) increasing accountability of the enforcement performance.
More details are set out in the ensuing paragraphs.
Speeding up Handling of 2 900 FRTs
9.
The proposed CBS/CSE post is expected to lead his/her team to
speed up enforcement action against the estimated 2 900 FRTs by -
(a)
adoption of new technology such as drones or photogrammetry
technology
7
for surveying UBWs, streamlining operation and
inspection procedures of LSOs, as well as enhancing monitoring
of consultants’ work progress through electronic means. Target
number of NTEHs to be surveyed per year is expected to increase
from a yearly average of 4 787 (from 2012 to 2023) to 6 500 in
2024 (36% increase);
(b)
launching separate LSOs for FRTs and non-FRT UBWs. Past
experience revealed that combining operations against FRTs and
non-FRT UBWs could be less efficient as staff and consultants
needed to handle UBWs of different nature. By launching
separate LSOs, staff and consultants can focus on one type of
operation only, thereby increasing the efficiency of both
operations; and
(c)
enhancing co-ordination with LandsD on special cases and
streamlining procedures on seeking information on land status to
expedite issuance of removal orders.
10.
Upon implementation of the above measures, we expect that
completion of village-by-village inspection/enforcement against FRTs in
the remaining 42 800 NTEHs can be shortened by three years from the
original 10 years to seven years, i.e. to be completed by 2030. Same as in
urban areas, regular LSOs will still be needed beyond 2030 to sustain
reviewing the enforcement strategy; reviewing internal guidelines and streamlining enforcement
procedures for handling UBWs under construction; improving monitoring of consultants’ performance;
setting up monitoring mechanism for outstanding orders; monitoring order registration with the Land
Registry; reflecting to court the severity of cases; intensifying publicity of convicted serious cases;
formulating the key performance indicators (KPIs); and strengthening coordination with LandsD.
7
Photogrammetry coupled with advanced drone survey can capture UBWs readily and a 3-D model can be
built from the photo records after post-processing of the digital data.
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deterrence and to curb the proliferation of new UBWs in NTEHs. It is also
worth pointing out that tackling UBWs in NTEHs is a highly intricate
matter requiring high-level steer and supervision by a sufficiently senior
and experienced officer. Close liaison with owners and stakeholders
(including Heung Yee Kuk, Rural Committees and village representatives)
is often needed. Where necessary, BD would also liaise with and conduct
joint inspections with consultants/contractors appointed by owners to
provide comments on their removal/rectification proposals, and mobilise
its in-house social service team to provide all-round support for the owners.
Formulating an Optimal and Pragmatic Approach to Deal with 166 700
non-FRTs UBWs
11.
Under the Reporting Scheme launched in April 2012 and ended
in December 2012, owners were required to report to BD non-FRT UBWs
completed before 28 June 2011 (“reported UBWs”). To safeguard
structural safety of NTEHs, owners are required to appoint qualified
persons to conduct safety inspection and certification every five years. As
at September 2023, there were 21 400 reported UBWs. On the other hand,
UBWs built on or after 28 June 2011, or existed before 28 June 2011 but
not reported under the Reporting Scheme, i.e. non-FRT UBWs, would be
subject to enforcement action. Since as many as 166 700 non-FRT UBWs
are believed to be in place, and given BD’s manpower constraints, there is
a need for the proposed CBS/CSE post to review more thoroughly how to
tackle them in a pragmatic manner. In line with the risk-based approach,
consideration may be given to focusing enforcement efforts on higher-risk
UBWs under the category of non-FRT UBWs, such as structures on roofs,
ground floor extensions or enclosed balconies, while in parallel considering
the scope for further expanding the GAF list (please see paragraph 6 above)
to allow incorporation of more lower-risk items conducive to improvement
to daily living.
Stepping up Prosecution against Non-compliant Removal Orders
12.
The proposed CBS/CSE post will lead the team to streamline
prosecution procedures by simplifying workflow, issuing warning letters
timely to owners upon expiry of orders if no notification of compliance is
received from owners, and prioritising prosecution against new UBWs,
blatant contraventions and repeated offenders. He/She will also step up
publicity arrangements to more widely publicise court judgements
including imprisonment against more severe convicted cases. For
fundamental policy changes, as committed in the 2023 Policy Address, we
are reviewing the Buildings Ordinance (Cap.123) and will consider,
amongst others, increasing penalties, streamlining prosecution procedures
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and explore lowering the prosecution threshold. We have undertaken
publicly to come up with recommendations on how the Ordinance may be
improved before the end of the year.
Increasing Accountability of Enforcement Performance
13.
The proposed CBS/CSE post and his/her team will be held
accountable for their enforcement performance over NTEHs through the
following enhanced KPIs starting from 2024:
KPI
(per year)
Yearly
Average
(actual
number,
from 2012
to 2023)
Proposed
Targets
/Indicators
from
2024
onwards
%
Adjustment
(a)
No. of NTEHs to be
inspected under LSOs for
identification of FRTs
4 787 6 500 +36%
(b)
No. of public reports on
UBWs and
dilapidated/dangerous
buildings in NTEHs to be
attended
4 845
6 200 +28%
(c)
No. of removal orders to
be issued for UBWs in
NTEHs
705
1 300*
+84%
(d)
No. of prosecutions in
NTEHs to be instigated
156
300 +92%
* Including some 120 appeals (assuming appeals to be received on 9% of removal
orders issued) received and handled annually.
Supporting Building Control and Enforcement Against Non-NTEHs
in the New Territories
14.
Apart from NTEHs, we envisage the team led by the proposed
CBS/CSE post will have to take on enforcement and building control work
of new developments in the New Territories. Currently, existing
developments in the Northern Metropolis carry total population of around
980 000, with about 400 000 residential units. The new development land
available from the Northern Metropolis can provide another 500
000 new
residential units. The Northern Metropolis will start to take shape in the
coming five to 10 years, and the developments will be substantially
completed in 20 years. The existing manpower in BD responsible for
handling building control and safety work in the New Territories is already
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fully stretched with the team dealing with UBWs in existing non-NTEH
buildings as well as repair and maintenance of the aging building stock in
the New Territories. There is also stronger call from the community for
tougher enforcement actions against luxury estate developments. As more
new developments in the Northern Metropolis materialise, the workload on
building safety-related matters will escalate. For better utilisation of
manpower resources, there is room for the proposed CBS/CSE post and
his/her team to share out anticipated workload arising from completed
private buildings in the Northern Metropolis, including safeguarding
building safety, combatting new UBWs, attending to public reports and
emergency incidents, and devising strategies and implementing public
education and publicity activities to promote regular maintenance and
building care culture from early age of the buildings.
Conclusion
15.
As explained in above paragraphs, continual leadership by a
permanent CBS/CSE directorate officer is crucial to sustaining the on-
going and substantial workload in tackling UBWs and reviewing the
enforcement policy in relation of NTEHs, and supporting building control
and enforcement work not related to NTEHs in the Northern Metropolis.
The organisation chart of BD and job description of the proposed
permanent CBS/CSE post are at Annexes B and C respectively.
16.
There are currently six teams in urban areas (Sections A to F
under Existing Buildings Divisions 1 and 2 as shown in Annex B)
responsible for enforcement work of existing buildings, each headed by a
directorate CBS/CSE. At present, there are more than 400 staff in BD
responsible for handling UBWs and other building safety matters in the
urban and developed areas
8
. In terms of work-load and complexity of
cases, enforcement against UBWs in NTEHs is no less challenging than
that in urban areas, bearing in mind that NTEHs are scattered and are not
managed en bloc by owners’ corporations / management companies as
commonly seen for multi-storey buildings. We therefore consider it
necessary for the 38-member VHS (to be renamed as Section G as shown
in Annex B) to be led by a permanent CBS/CSE. In fact, as mentioned
above, when the Panel on Development and the Establishment Sub-
committee (ESC) discussed the proposal last time in 2022 to re-create the
time-limited CBS/CSE post, some members expressed that the
8
BD will continue to instigate enforcement action against UBWs in the urban areas under LSOs for removal
of UBWs on rooftops, flat roofs, yards, lanes and basements. Last year, BD and LandsD commenced a
large-scale joint operation to inspect 89 houses along the seafront of Redhill Peninsula. In addition, from
September to December 2023, BD conducted around 270 inspections to houses apart from those on Redhill
Peninsula. In 2024, the number of target buildings under LSOs will increase from 80 to 90. BD has also
launched LSOs against houses with UBWs on Beaulieu Peninsula, Seaview Villas and Flamingo Garden.
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enforcement operations against UBWs in NTEHs required long-term and
determined efforts of the Government and considered it more realistic to
create a permanent directorate post for the purpose.
17.
The proposed permanent CBS/CSE (D1) post will continue to be
supported by a total of 38 existing time-limited non-directorate civil service
posts (see Annex D), comprising 36 officers from professional and
technical grades and two officers from general grades, up to 31 March
2027. We will review the continued need for and deployment of the
existing non-directorate time-limited posts nearer the expiry of the said
posts to sustain the work, including the long-term work relating to NTEHs,
as well as the additional building control and enforcement work arising
from the anticipated huge building stock in the Northern Metropolis.
ALTERNATIVES CONSIDERED
18.
We have critically examined whether BD may absorb the
workload against the estimated UBWs in NTEHs. All the existing
directorate officers at the rank of CBS and CSE in BD are already fully
committed to their duties. It is operationally infeasible for them to take up
additional workload without compromising the effectiveness of their work
or the quality of the services delivered. Please find the job descriptions of
the posts at Annexes E(a) to (j).
FINANCIAL IMPLICATIONS
19.
The proposed creation of one permanent CBS/CSE (D1) post
will require an additional notional annual salary cost at mid-point of
$2,028,000. The additional full annual average staff cost, including
salaries and staff on-cost, is about $2,813,000.
20.
BD has included the necessary provision in the 2024-25
Estimates to meet the cost of this proposal and will reflect the resources
required in the Estimates of subsequent years.
ESTABLISHMENT CHANGES
21.
As the current time-limited post has been included in the
establishment, making it permanent will not additionally increase the
overall establishment of the civil service.
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ADVICE SOUGHT
22.
Members are invited to support the proposal on making
permanent one time-limited CBS/CSE (D1) post in order to ensure
adequate directorate support in BD for the discharge of duties related to
NTEHs and the Northern Metropolis. Subject to Members’ views, we will
submit the proposal to ESC for consideration and seek approval from FC.
Development Bureau
March 2024
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Annex A
HIGHLIGHT
OF ENFORCEMENT WORK OF NEW TERRITORIES
EXEMPTED HOUSES (NTEHS)
Enforcement against unauthorised building works (UBWs)
Large scale operations (LSOs)
As of December 2023, the Buildings Department (BD) had
proactively surveyed 333 villages
1
comprising over 56 200 NTEHs and
issued about 3 400 removal orders
2
. Around 480 (14%) were issued against
NTEHs of four storey or above
3
, 1 890 (56%) were against unauthorised roof
top structures and 1 020 (30%) were against other types of UBWs. Since
2012, BD has progressively increased its enforcement intensity by
almost two folds as shown in Table 1 below.
Table 1: Removal orders issued under LSOs
2013 to 2015 2021 to 2023
Yearly average number
of orders issued
203 395
(95% increase)
Reports on UBWs
2.
Since April 2012, BD has received and attended to some 55 000
public reports on UBWs related to NTEHs, with yearly average figures as
shown in Table 2. Arising from such reports, BD has issued about 4 900
removal orders against those UBWs which constituted obvious hazard
or imminent danger as well as UBWs newly completed or under
construction. Table 3 illustrates BD’s continual effort in combating such
UBWs.
Table 2: Public reports received and attended to
2013 to 2015 2021 to 2023
Yearly average number
of public reports
2 829 6 468
(129% increase)
1
Including 332 recognised villages and one non-recognised village. According to the Lands Department’s
record, there are a total of 642 recognised villages.
2
LSOs would take enforcement actions against First Round Targets (FRTs) as well as non-FRT UBWs
not reported under the Reporting Scheme. The number of removal orders covered both.
3
Including 198 orders issued against village houses of five or six storeys and 286 orders issued against
village houses of four storeys.
-11-
Table 3: Removal orders issued arising from public reports attended to
2013 to 2015 2021 to 2023
Yearly average number
of orders issued
196 865
(341% increase)
3.
Out of the 55 000 public reports received, about 5 900 are related
to “UBWs under construction”. It should be noted that although there is a
considerable increase in public reports on UBWs over the years (2 829 from
2013 to 2015 vs 6 468 from 2021 to 2023), the number of reports on
UBWs under construction relative to the reports on the overall number
of UBWs is declining (618 or 22% from 2013 to 2015 vs 334 or 5% from
2021 to 2023).
Prosecution against non-compliant orders
4.
As of December 2023, BD has instigated about 1 800
prosecutions against non-compliant removal orders with 1 274 cases
convicted in court. The number of prosecutions has been stepped up to more
than double over the years as shown in Table 4.
Table 4: Number of prosecutions against owners for non-compliance with
removal orders
2013 to 2015 2021 to 2023
Yearly average number
of prosecutions
85
214
(152% increase)
UBWs removed
5.
As of December 2023, of the total of 8 300 removal orders, about
5 300 orders (63%) had been discharged with UBWs removed. For the
remaining 3 000 outstanding orders, some have yet to expire, some with
removal works underway or under planning for compliance by owners. The
number of UBWs removed in NTEHs has increased by more than five
folds as shown in Table 5.
Table 5: Number of UBWs removed in NTEHs
2013 to 2015 2021 to 2023
Yearly average number
of UBWs removed
204
1 200
(488% increase )
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Reporting Scheme in NTEHs
6.
The Reporting Scheme commenced on 1 April 2012 and ended
on 31 December 2012. In the first five-year cycle starting in 2012, a total
of about 25 600 UBWs were acknowledged by BD. In the second cycle,
the number has dropped to some 21 400, due to removal of some reported
UBWs in the first round. The third cycle commenced in June 2022. Some
3 300 submissions (each submission may cover more than one UBW) have
been received so far.
Enforcement against Defective or Dangerous Village Houses
7.
In addition to UBWs, BD also received since April 2012 about
1 980 public reports on defective or dangerous village houses, including
267 emergency reports involving the collapse or partial collapse of village
houses or village houses posing an imminent danger to the occupiers/public.
BD had issued 62 repair orders requiring the owners to carry out necessary
repairs, of which 43 orders (69%) have been complied with.
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§ The Joint Office jointly operated with the Food and Environmental
Hygiene Department is responsible for handling water seepage reports
in private buildings.
* Time-limited supernumerary CBS/CSE (D1) post proposed to be made
permanent in the Village Houses Section with effect from 15 July 2024
or with immediate effect upon approval of the Finance Committee,
whichever is later..
Annex B
Existing and Proposed Organisation Chart of the Buildings Department
Accounts &
Supplies Section
Departmental
Section
Corporate
Services
Division
Mandatory
Building
Inspection
Division
Existing
Buildings
Division 2
Existing
Buildings
Division 1
New Buildings
Division 2
New Buildings
Division 1
Deputy Director of Buildings
Director of Buildings
Legal Services
Section
CBS
Mandatory Building
Inspection Section 1
CSE
Section D
CBS
Section A
CBS
Hong Kong and
Heritage Section
CSE
Hong Kong East &
Heritage Section
CBS
Assistant Director/
Corporate Services
GBS/GSE
Assistant Director/
Mandatory Building
Inspection
GBS/GSE
Assistant Director/
Existing Buildings 2
GBS/GSE
Assistant Director/
Existing Buildings 1
GBS/GSE
Assistant Director/
New Buildings 2
GSE
Assistant Director/
New Buildings 1
GBS
Internal Audit
Unit
Information Unit
Minor Works and
Signboard Control
Section
CBS/CSE
Mandatory Building
Inspection Section 2
CBS
Section E
CBS
Section B
CBS
Kowloon and Rail
Section
CSE
Hong Kong West
Section
CBS
Kowloon Section
CBS
New Territories
Section
CSE
Section C
CSE
Section F
CSE
Fire Safety Section
CBS
Slope Safety Section
CBS
Building Safety Loan
Scheme Unit
New Territories East (2)
& Rail Section
CBS
Joint Office§
Section G
CBS/CSE*
Site Monitoring
Section
CBS/CSE
New Territories East (1)
& Licensing Section
CBS
New Territories West
Section
CBS
Technical Services
Section
CBS/CSE
Public Education and
Publicity Unit
Research and
Development Unit
L
e
g
en
d
:
CBS = Chief Building Surveyor (D1)
CSE = Chief Structural Engineer (D1)
GBS = Government Building Surveyor (D2)
GSE = Government Structural Engineer (D2)
Remarks
Section A : Aberdeen, Pok Fu Lam, Tin Wan, Shek Pai Wan, Wah Fu, Ap Lei Chau, Cheung Chau, Peng
Chau, Lamma Island, Wong Chuk Hang, Stanley, Shek O, Lantau Island, Shek Tong Tsui, Sai
Ying Pun, Sheung Wan, Kennedy Town, Chai Wan, Shau Kei Wan, Central, Mid-Levels
Section B : North Point, Causeway Bay, Wan Chai, Tai Hang, So Kon Po, Happy Valley, Sai Wan Ho,
Quarry Bay, Kornhill, Taikoo Shing
Section C : Sha Tin, Yuen Long, Wong Tai Sin, Sai Kung, Tai Po, Kwun Tong, North
Section D : Sham Shui Po, Pak Tin, Yau Yat Chuen, Shek Kip Mei, Kwai Tsing, Tsuen Wan
Section E : Hung Hom, Kowloon Tong, Ho Man Tin, Tuen Mun
Section F : Yau Ma Tei, Tsim Sha Tsui, Mong Kok
-14-
Annex C
Job Descriptions of the Proposed Permanent
Chief Building Surveyor/ Chief Structural Engineer Post
Rank : Chief Building Surveyor/
Chief Structural Engineer
(D1)
Responsible to : Assistant Director/Existing Buildings 1
Major Duties and Responsibilities –
To assist Assistant Director/Existing Buildings 1 –
1.
to formulate and review policy matters, enforcement strategy and
special assignments relating to enforcement action against
unauthorised building works (UBWs) in New Territories Exempted
Houses (NTEHs);
2.
to steer the village-by-village surveys including the enforcement
against First Round Targets (FRTs), oversee the handling of public
reports against UBWs in NTEHs, defective and dangerous village
houses, and streamline workflow such as prosecution, default works
and cost recovery;
3.
to oversee the Reporting Scheme including processing safety
certificates of reported UBWs in a five-year cycle and explore
possible streamlining measures;
4.
to keep under review the list of specified green and amenity facilities
by incorporating lower-risk items to facilitate improvement to the
living environment;
5.
to formulate policy matters, enforcement strategy and special
assignments relating to building safety and enforcement work of non-
NTEH buildings in the New Development Area (NDAs) and the
Northern Metropolis, including safeguarding building safety,
combatting new UBWs, attending to public reports and emergency
incidents, and devising strategies and implementing public education
and publicity activities to promote regular maintenance and building
care culture from early age of the buildings;
-15-
6.
to oversee liaison with villagers as well as Authorized
Persons/Registered Structural Engineers with a view to facilitating
compliance with removal orders;
7.
to attend Legislative Council and District Council meetings;
8.
to oversee public education and publicity programme to enhance
owners’ awareness of building safety and understanding of UBWs;
9.
to explore and adopt innovative measures and new technologies to
facilitate enforcement actions; and
10.
to exercise overall management of staff under the team and supervise,
plan, monitor, control and deploy staff and resources to ensure the
goals and performance pledges are met. To manage the professional
and technical teams and supervise the related operational matters.
-16-
Annex D
Organisation Chart of the Existing Village Houses Section
#
There are 39 staff comprising one Chief Officer, 36 officers from
professional and technical grades (excluding two professionals who have
been deployed to the Legal Services Section under the Corporate Services
Division to handle prosecution cases relating to New Territories Exempted
Houses) and two officers from general grades in the Village Houses
Section. The Chief Officer post will lapse on 15 July 2024. The remaining
posts will lapse on 1 April 2027.
#
To be renamed as Section G as indicated in Annex B.
*Time-limited supernumerary Chief Building Surveyor/Chief Structural
Engineer (D1) post proposed to be made permanent.
Chief Officer*
1 Senior Professional
Officer
3 Structural Engineers
2 Building Surveyors
1 Senior Technical
Officer
3 Technical Officers
2 Survey Officers
1 Senior Building
Surveyor
5 Building Surveyors
1 Senior Survey
Officer
5 Survey Officers
1 Senior Structural
Engineer
5 Structural Engineers
1 Senior Technical
Officer
5 Technical Officers
2 Clerical Staff
-17-
Annex E(a)
Job Descriptions of
Chief Building Surveyor/A, B, D and E
Chief Structural Engineer/C and F
Rank : Chief Building Surveyor/
Chief Structural Engineer (D1)
Responsible to : Assistant Director/Existing Buildings 1; or
Assistant Director/Existing Buildings 2
Major Duties and Responsibilities –
1.
to be responsible for the day-to-day administration and management
of the respective district section; act as the overall coordinator of
policy areas under his/her purview; keep under review the estimates,
expenditures, policies and working procedures with a view to
recommending and implementing adjustments or amendments as
necessary;
2.
to supervise the work of senior professional officers under his/her
charge in the performance of their duties and oversee progress of
works with a view to meeting working targets and maximising
efficiency;
3.
to examine and endorse senior professional officers’
recommendations on matters relating to warrant application, priority
demolition order application, closure/demolition/investigation of
dangerous buildings, material change in use and complicated cases;
sign orders issued under section 25 of the Buildings Ordinance
(Cap. 123) and investigation orders; endorse works orders by senior
professional officers and administer cost recovery actions; accept
investigation reports and approve plans for remedial or reinstatement
works ensuring compliance with statutory orders/notices/advisory
letters; and initiate and be responsible for all litigation, prosecution
and disciplinary proceedings;
4.
to establish and maintain good working relationship with Legislative
Council and District Council members as well as other government
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departments; and represent the Buildings Department in attending
meetings as necessary, on matters relating to building safety,
unauthorised building works enforcement policy and publicity;
5.
to supervise the operation of the Joint Office established jointly with
the Food and Environmental Hygiene Department to deal with water
seepage nuisance in existing private buildings (for Chief Building
Surveyor/E and Chief Structural Engineer/F);
6.
to attend meetings and follow up on issues relating to illegal structures
on agricultural land in the New Territories areas (for Chief Structural
Engineer/C);
7.
to act as a core member of the Multi-disciplinary Response Team
under the Health Bureau (HHB), assist HHB and the Department of
Health to deal with communicable disease / influenza pandemic
outbreaks (for Chief Building Surveyor/A);
8.
to redeploy staff and resources to ensure goals and performance
pledges are met; and
9.
to compile monthly statistics on various enforcement activities to
facilitate progress monitoring.
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Annex E(b)
Job Descriptions of
Chief Building Surveyor/Slope Safety
Rank : Chief Building Surveyor (D1)
Responsible to : Assistant Director/Existing Buildings 2
Main Duties and Responsibilities -
1.
to be responsible for the day-to-day administration and management
of the Slope Safety Section;
2.
to coordinate with the Geotechnical Engineering Office of the Civil
Engineering and Development Department to formulate the policy
and strategy on slope safety measures under the Buildings Ordinance
(Cap. 123);
3.
to supervise the work of senior professional officers under his/her
charge in the performance of their duties and oversee progress of
works with a view to meeting working targets and maximising
efficiency;
4.
to examine and endorse senior professional officers’
recommendations in approving the service of or signing statutory
orders and in approving plans for remedial works to make safe
dangerous hillsides and ensure that the works are carried out properly;
5.
to oversee the procurement, administration and management of
consultancy agreements and works contracts for default works;
6.
to examine and endorse senior professional officers’
recommendations for default works actions; approve works orders
and authorise payments in connection with default works; monitor
cost recovery actions; and supervise an emergency duty team during
tropical cyclones or other adverse weather conditions;
7.
to serve as Chairperson to the Default Slope Works Group Meeting,
senior professional officers Meeting, Team Progress Meeting and
other progress meetings with a view to monitoring the overall progress
of works and meeting the work targets;
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8.
to respond to appeals and recommend prosecution actions relating to
statutory orders;
9.
to represent the Buildings Department in inter-departmental and
external conferences and committees on private slope safety matters;
and
10.
to compile work statistics to facilitate progress monitoring and
evaluation of performance.
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Annex E(c)
Job Descriptions of
Chief Structural Engineer/Mandatory Building Inspection 1
Chief Building Surveyor/Mandatory Building Inspection 2
Rank : Chief Building Surveyor/
Chief Structural Engineer (D1)
Responsible to : Assistant Director/Mandatory Building Inspection
Major Duties and Responsibilities –
1.
to be responsible for the day-to-day administration and management
of the respective Mandatory Building Inspection (MBI) Sections in
the implementation of the Mandatory Building Inspection Scheme
(MBIS), Mandatory Window Inspection Scheme (MWIS) and
Operation Building Bright 2.0 (OBB 2.0) with the objective to
safeguard building safety;
2.
to assist in the formulation of policy and work targets, review of office
procedures and bidding for resources pertaining to the implementation
of MBIS, MWIS and OBB 2.0;
3.
to supervise the work of senior professional officers in the
performance of their duties in MBIS, MWIS and OBB 2.0, with a
view to meeting working targets and maximising efficiency;
4.
to nominate buildings to the Selection Panel for the implementation
of MBIS/MWIS; endorse the list of buildings for default works under
OBB 2.0 and monitor the progress of default works with a view to
meeting the policy intent;
5.
to coordinate and oversee the implementation of various publicity
efforts in relation to MBIS, MWIS and OBB 2.0;
6.
to administer the consultancy and works contracts for default
inspection and repair works under MBIS/MWIS and OBB 2.0;
monitor the performance of the consultants, contractors and other
service providers; oversee the procurement of consultancy services,
works contracts and other services associated with the implementation
of MBIS, MWIS and OBB 2.0; and lead a team of professional and
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technical staff on emergency duty during tropical cyclones or other
adverse weather conditions;
7.
to attend Technical Committee on Code of Practice for MBIS and
MWIS and update the Code of Practice, Mandatory Building
Inspection Manual and Practice Notes for MBIS and MWIS; and
represent the Buildings Department (BD) in inter-departmental and
conferences and committees on matters relating to MBIS, MWIS and
OBB 2.0;
8.
to formulate measures to regulate the conduct and performance of the
service providers and to vet the investigation report on mal-practice
of service providers and recommend appropriate sanctions;
9.
to supervise and monitor enforcement actions arising from MBIS and
MWIS notices and statutory orders in default, including prosecution,
government contractor works, administration of accounts and cost
recovery, as well as to deal with appeals against statutory notices and
orders; and be responsible for all prosecution proceedings arising
from non-complied MBIS and MWIS notices;
10.
to keep under constant review the estimates, expenditures, policy,
practices, procedures and duties of MBI Sections and to recommend
and implement such adjustments or amendments of the same as
necessary;
11.
to investigate and respond to complaints relating to work of MBI
Sections from the public, media, Ombudsman, Legislative Council
and other agencies; and conduct reviews as necessary on the issues
revealed from these complaints and formulate appropriate
improvement measures; and
12.
to perform ad-hoc duties, including attending the Inspectors
Registration Committee, the BD Consultants Review Committee,
Building Committee, Structural Engineering Committee, the Existing
Building Committee, Fire Safety Committee, etc.
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Annex E(d)
Job Descriptions of
Chief Building Surveyor/Fire Safety
Rank : Chief Building Surveyor (D1)
Responsible to : Assistant Director/Mandatory Building Inspection
Major Duties and Responsibilities –
1.
to be responsible for the day-to-day administration and management
of the Fire Safety Section (FSS) in the implementation of Fire Safety
(Commercial Premises) Ordinance (Cap. 502), Fire Safety (Buildings)
Ordinance (Cap. 572) and Fire Safety (Industrial Buildings)
Ordinance (Cap. 636) and related fire safety legislation, with the
objective to provide better safeguards against fire in existing
prescribed commercial premises, specified commercial buildings,
target composite buildings, target domestic buildings and target
industrial buildings (target premises and buildings);
2.
to supervise the work of senior professional officers under his/her
charge in the performance of their duties and oversee progress of
works with a view to meeting working targets and maximising
efficiency;
3.
to provide professional support for the formulation of policies
pertaining to the implementation of the Fire Safety (Commercial
Premises) Ordinance, Fire Safety (Buildings) Ordinance and Fire
Safety (Industrial Buildings) Ordinance; assist in the review of
legislation on fire safety standards in target premises and buildings;
4.
to advise on and approve plans for fire safety improvement, remedial
and/or reinstatement works; supervise the preparation of applications
for Fire Safety Compliance Orders / Fire Safety Improvement
Compliance Orders and Use Restriction Orders / Prohibition Order
and to deal with appeals against statutory orders;
5.
to initiate and be responsible for, under the general supervision of
Assistant Director/Corporate Services and Assistant
Director/Mandatory Building Inspection, all litigation and
prosecution proceedings arising from fire safety directions, fire
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safety improvement directions and statutory orders;
6.
to keep under constant review the estimate, expenditure, policy,
practice, procedures and duties of FSS and to recommend and
implement such adjustments or amendments of the same as necessary;
7.
to represent the Buildings Department in attending conferences,
seminars and committees of professional bodies, public agencies and
Government departments on matters relating to the policy, publicity
and enforcement functions of the FSS, and in court as the
representative of the Director of Buildings or Building Authority;
8.
to supervise the work of FSS in the performance of inspection,
publicity, advisory and enforcement function for the improvement of
fire safety measures in target premises and buildings;
9.
to lead a team of professional and technical staff on emergency duty
during tropical cyclones or other adverse weather conditions; and
10.
to establish and maintain good co-ordination and communication with
relevant stakeholders and investigate and respond to complaints
relating to work of FSS from the public, media, Ombudsman,
Legislative Council and other agencies and conduct reviews as
necessary on the issues revealed from these complaints and formulate
appropriate improvement measures.
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Annex E(e)
Job Descriptions of
Chief Building Surveyor/Legal Services
Rank : Chief Building Surveyor (D1)
Responsible to : Assistant Director/Corporate Services
Major Duties and Responsibilities –
1.
to be responsible for the day-to-day administration and management
of the Legal Services Section;
2.
to supervise senior professional officers in all matters concerning
prosecution and disciplinary actions, appeals, judicial reviews,
legislative review and solicitation of legal advice from the Department
of Justice;
3.
to make recommendations on legislative amendments;
4.
to keep under review the working procedures and policies and to
recommend and implement adjustments or amendments to these
procedures and policies as necessary; and
5.
to act as a member of Fire Services Installation Contractors’
Disciplinary Board.
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Annex E(f)
Job Descriptions of
Chief Officer/Minor Works & Signboard Control
Rank : Chief Building Surveyor/
Chief Structural Engineer (D1)
Responsible to : Assistant Director/Corporate Services
Major Duties and Responsibilities –
1.
to be responsible for the day-to-day administration and management
of the Minor Works and Signboard Control Section;
2.
to supervise senior professional officers on the operations under the
Minor Works Control System (MWCS) and Signboard Control
System (SBCS) as well as large scale operations (LSOs) on removal
of dangerous/abandoned/large signboards or unauthorised signboards
not joining the validation scheme;
3.
to make recommendations to Assistant Director/Corporate Services
on review of policies and operations under MWCS and SBCS;
4.
to supervise the processing and co-ordination of audit checks of minor
works submissions;
5.
to grant or refuse to grant modifications/exemptions under section 42
of the Buildings Ordinance (Cap. 123) in relation to transitional
housing projects pursuing under MWCS;
6.
to supervise the processing of validation submissions for existing
unauthorised household minor works, existing unauthorised minor
amenity features and existing unauthorised signboards submitted by
prescribed building professionals or prescribed registered contractors;
7.
to supervise and monitor enforcement action for default notice/orders
including referrals for prosecution, government contractor actions,
administration of accounts and cost recovery;
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8.
to attend District Management Committee and District Council
meetings, and give advice to the public on the Department’s policy,
objectives and actions relating to MWCS and SBCS; and
9.
to investigate and respond to complaints relating to work of the
Section from the public, media, Ombudsman, the Legislative Council
and other agencies and conduct reviews as necessary on the issues
revealed from these complaints and formulate appropriate
improvement measures.
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Annex E(g)
Job Descriptions of
Chief Officer/Technical Services
Rank : Chief Building Surveyor/
Chief Structural Engineer (D1)
Responsible to : Assistant Director/Corporate Services
Major Duties and Responsibilities –
1.
to be responsible for the day-to-day administration and management
of the Technical Services Section (TSS);
2.
to manage the Contract Management Unit and supervise the
procurement exercises relating to services associated with the
Buildings Department’s (BD’s) enforcement policy, and other contract
management, advisory and review/development duties, including
matters relating to conducting the yearly pre-qualification exercise for
consultants, reporting on the performance of consultants and
contractors on quarterly basis, offering contract and procurement
advice to the policy holding sections which represent the users;
3.
to administer the BD Emergency Organisation and monitor the
delivery of emergency services;
4.
to manage the Registration Unit to keep registers of prescribed
building professionals and prescribed registered contractors and
administration of registration matters;
5.
to manage the Research and Development Unit and Technical
Services Units to conduct in-house research, manage special
inspection equipment, and provide technical support, grade
management and training to staff;
6.
to manage the Information Technology Unit to procure and set up
departmental information technology (IT) infrastructure and
maintenance of IT systems; and
7.
to manage Public Education and Publicity Unit.
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Annex E(h)
Job Descriptions of
Chief Building Surveyor/Hong Kong East & Heritage,
Hong Kong West, Kowloon, New Territories East(1) & Licensing,
New Territories East (2) & Rail and New Territories West
Rank : Chief Building Surveyor (D1)
Responsible to : Assistant Director/New Buildings 1
Major Duties and Responsibilities –
1.
to exercise overall control of new building development activities in
accordance with the powers given to the Building Authority and the
Buildings Ordinance (Cap. 123) delegated to him/her for such
purposes including to provide advice, instruct and take decisions on
individual cases of building plans submitted for approval and building
works in progress; to attend meetings with staff and Authorized
Person/Registered Structural Engineer/Registered Geotechnical
Engineer to resolve problems arising from submissions and building
works under construction; and to attend Chief Building Surveyor
Meetings, Building Committee and input for decision making;
2.
to consider and to give approval of new, major revision and
resubmission of general building plans (GBP) including GBP for
alteration & addition (A&A) works; and disapproval of new and
major revision GBP (except A&A);
3.
to consider and to issue Occupation Permit/Temporary Occupation
Permit/Temporary Building Permit;
4.
to consider and endorse the recommendation for objection to
Application Vetting Panel applications relating to fundamental issues
affecting public safety/involving objectionable unauthorised building
works; and to formulate policy and review licensing practices and
procedures (for Chief Building Surveyor / New Territories East(1) &
Licensing);
5.
to assist Assistant Director/New Buildings 1 in the continual review
of the Buildings Ordinance and its Regulations, Codes of Practice,
administrative procedures and work practices and follow up
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withdrafting and updating of Practice Notes for Authorized Persons,
Registered Structural Engineers and Registered Geotechnical
Engineers and manuals; and
6.
to exercise overall management of staff under his/her section.
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Annex E(i)
Job Descriptions of
Chief Structural Engineer/Hong Kong & Heritage,
Kowloon & Rail and New Territories
Rank : Chief Structural Engineer (D1)
Responsible to : Assistant Director/New Buildings 2
Major Duties and Responsibilities –
1.
to exercise overall control of new building development activities in
accordance with the powers given to the Building Authority and the
Buildings Ordinance (Cap. 123) delegated to him/her for such
purposes including to provide advice, instruct and take decisions on
individual cases of structural plans submitted for approval and
structural works in progress; to attend meetings with staff and
Authorized Person/Registered Structural Engineer/Registered
Geotechnical Engineer to resolve problems arising from submissions
and building works under construction; and to attend Chief Structural
Engineer Meetings, Structural Engineering Committee and input for
decision making;
2.
to consider and to give approval of new submission, including major
revision and alteration & addition (A&A), of structural and
foundation plans under the Buildings Ordinance; and disapproval of
new submission, including major revision (except A&A), of structural
and foundation plans under the Buildings Ordinance;
3.
to formulate policies and procedures related to the structural aspects
of license applications and oil storage installations (OSI); to provide
advice to the Structural Engineering Team (SET) in the Licensing Unit
and to endorse the structural guidelines for processing licensing
applications and OSI and the recommendations of the SET related to
the structural aspects of some problematic case;
4.
to assist Assistant Director/New Buildings 2 in the continual review
of the Buildings Ordinance and its Regulations, Codes of Practice,
administrative procedures and work practices and follow up with
drafting and updating of Practice Notes for Authorized Persons,
Registered Structural Engineers and Registered Geotechnical
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Engineers, Engineering Manual instructions, discussion papers and
guidelines;
5.
to exercise overall management of staff under his/her section; and
6.
to provide situation reports, advice and recommendations to Assistant
Director/New Buildings 2 on any new building developments or
assignments under his/her purview.
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Annex E(j)
Job Descriptions of
Chief Officer/Site Monitoring
Rank : Chief Building Surveyor/
Chief Structural Engineer (D1)
Responsible to : Assistant Director/New Buildings 2
Major Duties and Responsibilities –
1.
to be responsible for the day-to-day administration and management
of the Site Monitoring Section;
2.
to manage and supervise the systematic site audit inspections to
construction sites requiring approval and consent under the Buildings
Ordinance (Cap. 123);
3.
to manage and supervise the site audit inspections on foundation
works and superstructure works;
4.
to supervise and monitor investigation on site incidents;
5.
to supervise and monitor enforcement actions on irregularities
identified in site inspections;
6.
to supervise the processing of enquiries and reports of safety related
irregularities in active private building sites; and
7.
to supervise the processing of audit check on supervision plans
submitted by Authorized Persons, Registered Structural Engineers,
Registered Geotechnical Engineers and Registered Contractors.
