【原文】摘錄自5月17日香港《文匯報》：審計報告早前發現，強制驗窗計劃自推出以來，截至去年有約2.6萬份通知未獲遵從，其中43%法定通知逾期3年至11.6年仍未遵辦。發展局局長甯漢豪5月16日在立法會回應指，會考慮精簡流程，加快進度。隨着樓宇日益老化，定期驗窗驗樓關係到市民的生命、財產安全，特區政府近年推動修例強化執行，值得肯定。
不過，當前的癥結在於強制驗窗的罰則阻嚇力不足，執行落實力度不夠。特區政府已就不遵辦驗窗通知的個案考慮引入新罰則，相關建議應盡快落實，同時進一步完善對弱勢社群的支援，推動全社會構建一個安全、宜居的居住環境。
過去7年中，本港共發生了445宗樓宇墜窗事故，導致1人死亡、7人受傷。令人擔憂的是，這些事故中有66%的樓宇在事發時未被列為墜窗風險較高的樓宇。甯漢豪認同要完善揀選制度，同時善用科技加快發出定額罰款通知書的過程及推進檢控工作，然而實際數字反映，政府發出的驗窗通知書竟然近一半未遵辦，政府部門甚至因為發過通知書就不再催辦，暴露強制驗窗計劃在執行過程中存在漏洞，必須強化執法力度、加重罰則。
屋宇署自2012年6月全面實施強制驗窗計劃，規定業主必須定期檢驗其樓宇的窗戶，及早發現問題並適時補救；屋宇署可依據《建築物條例》，向樓齡達10年或以上的私樓業主發出法定通知，規定為其樓宇的窗戶委任合資格人士進行訂明檢驗。針對不遵從強制驗窗法定通知的業主或法團，屋宇署僅可發出1,500港元的定額罰款通知書，而屢犯者可被檢控，最高可處罰款25,000港元及監禁3個月。若發生墜窗意外，則可根據《簡易程式治罪條例》第4B(1)條，處以罰款10,000港元及監禁6個月。罰則力度不足，部分業主抱僥倖心理，對驗窗通知置之不理。
政府已經採取補救措施，提出修訂《建築物條例》建議，希望加快樓宇檢驗和修葺，提高相關定額罰款。政府部門正整合收到的公眾意見，希望在明年上半年向立法會提交修訂草案。發展局早前曾表示，計劃對不遵辦驗窗通知定額罰款提高一倍至3,000元，如持續不遵辦可被檢控，最高罰款增至20萬元，監禁維持一年。窗戶日久失修如同「定時炸彈」，政府在相關修例建議，甚至可考慮對故意不遵辦的業主實施「釘契」的處罰，以儆效尤。
本港存在很多「三無」大廈，業主大多數是長者，欠缺得力的業主立案法團，難以協調處理公共地方的窗戶驗窗事宜。
因此，政府應對此類大廈業主提供適當支援，包括協助業主召開會議，對符合條件的業主提供適切資助，以完成驗窗工程。
本港早年就開始實施強制驗樓、強制驗窗等計劃，以策安全，但相關計劃多年來執行未如理想。發展局去年曾向立法會提交文件稱，自強制驗樓及驗窗計劃實施以來，遵辦率分別只有約四成及七成。要讓這些計劃真正發揮作用，必須克服執行難題，通過加重罰則和強化執行力度等多方面的努力，確保樓宇、窗戶都能得到及時的檢查和維護，讓市民的生活更加安全放心。
Enhancing Enforcement of Mandatory Window Inspection to Protect Public Safety
【譯文】The latest Report of the Director of Audit revealed that approximately 26,000 notices remained non-compliant as of last year, among which 43% of statutory notices had remained outstanding for more than 3 years and up to 11.6 years, since the launch of the Mandatory Window Inspection Scheme (MWIS). In response at the Legislative Council on 16 May, the Secretary for Development, Bernadette Linn, stated that streamlining procedures and accelerating progress would be considered. As buildings age, regular window and building inspections are critical to safeguarding lives and property. The Government's recent efforts to strengthen enforcement through legislative amendments are commendable.
However, the current challenge lies in the insufficient deterrent effect of penalties for mandatory window inspections and the lack of robust enforcement. The Government has proposed introducing new penalties for non-compliance with window inspection notices, which should be implemented swiftly. Additionally, further support for vulnerable groups is needed to foster a safe and liveable residential environment across society.
Over the past seven years, Hong Kong has recorded 445 incidents of windows falling from buildings, resulting in one death and seven injuries. Alarmingly, 66% of the buildings involved were not classified as high-risk for window falling at the time of the incidents. Linn acknowledged the need to improve the selection process for inspections and leverage technology to expedite the issuance of fixed penalty notices and advance prosecution efforts. However, the data reveals that nearly half of the window inspection notices issued by the Government remain non-compliant, with some departments failing to follow up after issuing notices, exposing flaws in the execution of the MWIS. Stronger enforcement and heavier penalties are essential.
Since June 2012, the Buildings Department has fully implemented the MWIS, requiring property owners to regularly inspect their building's windows to identify and address issues promptly. Under the Buildings Ordinance, the Buildings Department can issue statutory notices to owners of private buildings aged 10 years or older, mandating the appointment of qualified persons to conduct prescribed inspections. For non-compliant owners or owners' corporations, the Buildings Department may issue a fixed penalty notice of HK$1,500. Repeat offenders may face prosecution, with a maximum fine of HK$25,000 and imprisonment for up to three months. In cases of window-falling incidents, penalties under section 4B(1) of the Summary Offences Ordinance may include a fine of HK$10,000 and imprisonment for six months. The limited severity of these penalties has led some owners to ignore inspection notices, taking their chances.
The Government has taken remedial steps, proposing amendments to the Buildings Ordinance to expedite building inspections and repairs and increase related fixed penalties. The relevant departments are consolidating public feedback, aiming to submit the amendment bill to the Legislative Council in the first half of next year. The Development Bureau previously indicated plans to double the fixed penalty for non-compliance with window inspection notices to HK$3,000, with prosecution for continued non-compliance carrying a maximum fine of HK$200,000 and imprisonment for up to one year. Neglected windows are akin to "ticking time bombs," and the Government could even consider imposing "encumbrance registration" on the titles of deliberately non-compliant owners as a deterrent.
Hong Kong has many "three-nil" buildings (those without owners' corporations, management committees, or property management), where owners, often elderly, struggle to coordinate window inspections for common areas. The Government should provide appropriate support to these building owners, including assistance in convening meetings and offering suitable subsidies for eligible owners to complete window inspection works.
Hong Kong introduced mandatory building and window inspection schemes years ago to enhance safety, but their implementation has been less than ideal. The Development Bureau submitted a document to the Legislative Council last year stating that since the schemes' inception, compliance rates for mandatory building and window inspections have been approximately 40% and 70%, respectively. To ensure these schemes are effective, enforcement challenges must be addressed through measures such as heavier penalties and stronger enforcement efforts, ensuring timely inspections and maintenance of buildings and windows to provide a safer and more secure living environment for the public.
●Tiffany
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