Email dated March 03, 2022 Complaints

[tai building lee]

tai building lee <leetaib...@gmail.com>

Dear All,

Re: Complaints about the Unauthorized Use of the Public Areas and/or Common Areas/Common Parts at Mezzanine Floor (M/F) of Lee Tai Building at 101-107 Prince Edward Road, Kowloon, Hong Kong and/or Other Public Areas and/or Common Areas/Common Parts of Lee Tai Building by the Owner/Tenant of G/F and M/F of Lee Tai Building and/or Other Relevant Owners/Tenants of Lee Tai Building and Complaints about the Noises and Vibrations caused by the Relevant Owners/Tenants of Lee Tai Building [檔案編號：2-4933763902 (assigned by 1823)] [檔案編號：EP3/K03/RE/00034760-18 (assigned by EPD)] The case number assigned by The Ombudsman is OMB2019/1791. 投訴太子道西101-107號利泰大廈地下食肆抽風系統 (檔案編號：2-4933763902 assigned by FEHD)

Re: 就有關太子道西101-107號利泰大樓相關事宜, 根據基本法第73條向屋宇署提出質詢
Re.: Raising questions to the Buildings Department as per Article 73 of the Basic Law regarding the matters relating to Lee Tai Building at 101-107 Prince Edward Road, Kowloon, Hong Kong

Re: Complaints against THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION (HKSAR), the relevant government bureaus of HKSAR and the relevant government departments of HKSAR including, but not limited to, those government bureaus and government departments listed above and the Legislative Council of HKSAR, the Public Complaints Office of the Legislative Council Secretariat of HKSAR and all members of the Legislative Council of HKSAR

Please note and respond to the matters/issues/points stated below and take proper actions accordingly and immediately:

With respect to the captioned, please be reminded that:
The ventilation and air conditioning system and the relevant items at M/F of Lee Tai Building shown in the attached photros are building works defined in section 2.(Interpretation) of Cap. 123 Buildings Ordinance, because such ventilation and air conditioning system is addition and/or building operation defined in section 2.(Interpretation) of Cap. 123 Buildings Ordinance ( https://www.elegislation.gov.hk/hk/cap123?xpid=ID_1438402640967_001 ).
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Cap. 123 Buildings Ordinance

2.Interpretation
(1)In this Ordinance, unless the context otherwise requires—
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building works (建築工程) includes any kind of building construction, site formation works, ground investigation in the scheduled areas, foundation works, repairs, demolition, alteration, addition and every kind of building operation, and includes drainage works; (Amended 72 of 1980 s. 3; 41 of 1982 s. 2; 52 of 1990 s. 2)
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Clearly, addition in section 2.(Interpretation) of Cap. 123 Buildings Ordinance means any additional items including, but not limited to, any building services and/or electrical and/or mechanical items/works/parts/equipments/etc., because there is nothing in the laws which limit or restrict the types/scope of such addition. Bear in mind that a 'building' without the relevant building services cannot serve the purposes, for which such 'building' and the relevant building services are designed, and therefore the relevant building services such as ventilation and air conditioning system and/or electrical and/or mechanical items/works/parts/equipments/etc. must be part of any buildings. In short, a building is a 'building' plus the relevant building services and/or other relevant items. To avoid doubt, 'building' here means the reinforced concrete structure, the structural steel frame or the composite structure only of a building.

Therefore, electrical and/or mechanical items/works/parts/equipments/etc. such as the ventilation and air conditioning system and the relevant items at M/F of Lee Tai Building shown in the attached photos are within the purview of Cap. 123 Buildings Ordinance. As such, BD has both the powers and duties to order any relevant parties to remove any ventilation and air conditioning systems which violate one or more than one section(s)/subsection(s) of any laws of Kong Kong. Of course, the relevant government departments must notify BD of any violation of the laws relating to any kinds of ventilation and air conditioning systems, so that BD can take actions such as ordering the relevant parties to remove any ventilation and air conditioning systems which violate one or more than one section(s)/subsection(s) of any laws of Kong Kong accordingly.

Also, note that the steel legs attached to and supporting the water tower of the ventilation and air conditioning system at M/F of Lee Tai Building as shown in the attached photo named 'Air Conditioning and Ventilation System of 富臨集團的正冬火鍋料理 at MF of Lee Tai Building (6)' may melt due to high temperature arising from fire accident. Therefore, it is possible that such water tower may collapse onto the adjacent service lane/scavenging lane at G/F or the adjacent staircase leading to G/F from 1/F of Lee Tai Building. Strictly speaking, such steel legs supporting the water tower are structural parts, which are within the purview of Cap. 123 Buildings Ordinance.

The relevant points/issues/matters/facts/etc. are further elaborated in the attached emails/documents.
Please take the points/issues/matters/facts/etc. stated above and/or in the attached emails/documents into consideration with respect to your processing, decisions and actions for the captioned.
Please, via email, notify me of any mistake(s) found in any of my emails sent or to be sent to you, if any.
I look forward to your immediate responses to the points/issues/matters/facts/etc. stated above.
I do not consent to the disclosure of any part of any information sent or to be sent to you by me to anyone except the personnel handling my complaints, because I have to protect my privacy.

This email is written by and sent from the owner of a flat in Lee Tai Building to the relevant bureaus and departments of THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION and other relevant parties mentioned above.
My mobile phone number is **.

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tel...@1823.gov.hk    2019

主旨:投訴太子道西101-107號利泰大廈地下食肆懷疑違例改建抽風系統  (檔案編號：2-4933763902)

有關上述的的個案，發展局的回覆如下：

「我們已將個案轉介屋宇署跟進。 」

如有任何查詢，歡迎與我們的職員聯絡。

1823
客戶服務主任

電話: 1823     傳真: 2760 1823       電郵: tel...@1823.gov.hk
服務聲明: www.1823.gov.hk/di.shtm

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(This is a copy of my previous email sent to you.)

CONFIDENTIAL

To: The Legislative Council of HKSAR via compl...@legco.gov.hk and p...@legco.gov.hk

To: The Democratic Party
Attn.: Dr. Helena Wong Pik-wan
http://www.wongpikwan.com
Tel. No. : 2390 0089
helena...@gmail.com
helenaw...@dphk.org

To: The Democratic Party
Attn.: Hon James TO Kun-sun, Ms. Lee
Office address :   Room A1, 2/F, Rodeo Centre,
73-79 Larch Street, Tai Kok Tsui, Kowloon
Office telephone : 2789 8833
Office fax : 2391 6882
E-mail : jksto...@gmail.com

To: The Democratic Party
      Office of Mr. LAM Cheuk Tin
Attn.: Mr. LAM Cheuk Tin & Mr. Chan
Tel. No. : 2650 0040
E-mail Address: dp...@dphk.org
 
To: Hon Paul TSE Wai-chun, JP (Kowloon East+)
Office address: Room 714, Legislative Council Complex,
1 Legislative Council Road, Central, Hong Kong
Office telephone : 2509 0088
Office fax : 2509 0388
E-mail : pau...@paultse.org
Website : http://www.paultse.org
謝偉俊立法會議員辦事處

To:  Hon Abraham SHEK Lai-him, GBS, JP (Real Estate and Construction*) and all other Legislative Council Members
E-mail address: ara...@netvigator.com
Office tel.: 2588 1060

To: The Chief Executive
Attn.: Ms. Patty Mak
GovHK: Government Structure
GovHK (www.gov.hk)
c...@ceo.gov.hk

To: The Chief Secretary for Administration

To: The Development Bureau
dev...@devb.gov.hk

To: The Food and Health Bureau
Attn.:  Secretary for Food and Health
Ms. Chan, Ms. Kwong, Ms. Leung
Email Address enq...@fhb.gov.hk
Mailing Address Secretary for Food and Health
18/F, East Wing, Central Government Offices,
2 Tim Mei Avenue, Tamar, Hong Kong
Telephone (852) 35098765
Fax (852) 25413352

To: Department of Justice

To: District Councillor of

To: Office of The Ombudsman, Hong Kong
Address: 30/F, China Merchants Tower, Shun Tak Centre,
168-200 Connaught Road Central, Hong Kong
Post Box G.P.O. Box No. 3300, Hong Kong
Enquiry and Complaint Hotline: (852) 2629 0555
Fax: (852) 2882 8149
Complaint email address: compl...@ombudsman.hk
Enquiry email address: enq...@ombudsman.hk

To: Home Affairs Department (hereinafter referred to as HAD)
By E-mail: bm_...@had.gov.hk
By Telephone: (852) 2835 2500
By Fax: (852) 2147 0984
By Post: Division IV
Home Affairs Department
31/F., Southorn Centre, 130 Hennessy Road, Wan Chai, Hong Kong

To: The Labour Department of the Government of the Hong Kong Special Administrative Region (hereinafter referred to as LD)  

To: Food and Environmental Hygiene Department (hereinafter referred to as FEHD)
Address: Food and Environmental Hygiene Department Headquarters
                44/F, Queensway Government Offices, 66 Queensway, Hong Kong.  
E-mail Address: mkd...@fehd.gov.hk
                          enqu...@fehd.gov.hk
 
To: The Buildings Department of the Government of the Hong Kong Special Administrative Region (hereinafter referred to as BD)
E-mail Address: rec...@bd.gov.hk
                          enq...@bd.gov.hk
                          tel...@1823.gov.hk
Telephone Number: 1823 or 26261616
     
To: The Fire Services Department of the Government of the Hong Kong Special Administrative Region (hereinafter referred to as FSD)
E-mail Address: hkfs...@hkfsd.gov.hk
 
To: The Environment Protection Department of the Government of the Hong Kong Special Administrative Region (hereinafter referred to as EPD)
E-mail Address: hotl...@epd.gov.hk
                          enq...@epd.gov.hk
                         
To: The Electrical and Mechanical Services Department of the Government of the Hong Kong Special Administrative Region (hereinafter referred to as EMSD)
E-mail Address: in...@emsd.gov.hk
Telephone Number: 1823

The Hong Kong Police Force of the Government of the Hong Kong Special Administrative Region (hereinafter referred to as the Police)
 
Email: crim...@police.gov.hk

To: Registrar
The Hong Kong Institute of Architects, Hong Kong SAR
19/F., One Hysan Avenue
Causeway Bay, Hong Kong
Tel.: 2511 6323
Fax : 2519 6011 2519 3364
Email : in...@hkia.net / hki...@hkia.org.hk
Website: www.hkia.net

To: The Architects Registration Board
Address: 19th Floor, One Hysan Avenue, Causeway Bay,
Hong Kong.
Tel : 2511 5794
Fax : 2519 6011     2519 3364

Re: Complaints about the Unauthorized Use of the Public Areas and/or Common Areas/Common Parts at Mezzanine Floor (M/F) of Lee Tai Building at 101-107 Prince Edward Road, Kowloon, Hong Kong and/or Other Public Areas and/or Common Areas/Common Parts of Lee Tai Building by the Owner/Tenant of G/F and M/F of Lee Tai Building and/or Other Relevant Owners/Tenants of Lee Tai Building and Complaints about the Noises and Vibrations caused by the Relevant Owners/Tenants of Lee Tai Building [檔案編號：2-4933763902 (assigned by 1823)] [檔案編號：EP3/K03/RE/00034760-18 (assigned by EPD)] The case number assigned by The Ombudsman is OMB2019/1791. 投訴太子道西101-107號利泰大廈地下食肆抽風系統 (檔案編號：2-4933763902 assigned by FEHD)

Re: 就有關太子道西101-107號利泰大樓相關事宜, 根據基本法第73條向屋宇署提出質詢
Re.: Raising questions to the Buildings Department as per Article 73 of the Basic Law regarding the matters relating to Lee Tai Building at 101-107 Prince Edward Road, Kowloon, Hong Kong

Re: Complaints against THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION (HKSAR), the relevant government bureaus of HKSAR and the relevant government departments of HKSAR including, but not limited to, those government bureaus and government departments listed above and the Legislative Council of HKSAR, the Public Complaints Office of the Legislative Council Secretariat of HKSAR and all members of the Legislative Council of HKSAR

With respect to the captioned, the matters or issues stated in my e-mails sent to you from 2018 onwards relating to the captioned and the recent telephone communications between some of you and me, I hereby respond to the letter from the Legislative Councillor, Dr. Helena Wong, dated 2019, which I received in 2019 via e-mail, as follows:

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Section B: To ensure that we start our discussion correctly, we have to focus on the interpretation of unauthorized building works (UBW) (僭建物) first, because, if we establish our arguments on an ambiguous term(s), we may stray to some areas, in which we would be confused.

In the attached pdf file named "MWCS_ubw_e", BD stated in general what unauthorized building works include. This pdf file can be downloaded at the following hyperlink:

https://www.bd.gov.hk/en/resources/faq/index_unauthorised_building_works.html

It is stated in the web page accessed via such hyperlink that:

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1. How does BD verify significant new UBW?
The following measures are adopted to monitor and verify new UBW :

Aerial photos are used to identify new UBW on rooftops.
Record photos of buildings are kept for verifying the status of new UBW.
Results of enquiries and circumstantial evidence.
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However, the term "unauthorized building works (僭建物) " is not defined in Cap. 123 Buildings Ordinance. As such, to understand the correct interpretation of the term "unauthorized building works (僭建物) ", we have to understand some relevant terms and provisions in Cap. 123 Buildings Ordinance as follows:

https://www.elegislation.gov.hk/hk/cap123?xpid=ID_1438402640967_001

Cap. 123 Buildings Ordinance

2.Interpretation
(1)In this Ordinance, unless the context otherwise requires—
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building works (建築工程) includes any kind of building construction, site formation works, ground investigation in the scheduled areas, foundation works, repairs, demolition, alteration, addition and every kind of building operation, and includes drainage works; (Amended 72 of 1980 s. 3; 41 of 1982 s. 2; 52 of 1990 s. 2)

common parts (公用部分) has the meaning given by section 2 of the Building Management Ordinance (Cap. 344); (Added 16 of 2011 s. 4)

composite building (綜合用途建築物) means a building that is partly domestic and partly non-domestic; (Added 73 of 1983 s. 2)

contraventions of the provisions of this Ordinance (違反本條例的條文) includes—
(a)failure to comply with any order given, notice served or any condition imposed by the Building Authority under this Ordinance; (Amended 16 of 2011 s. 4)
(b)in the case of building works (other than minor works commenced under the simplified requirements), material divergence or deviation from any plan approved by the Building Authority under this Ordinance;
(c)in the case of minor works commenced under the simplified requirements, material divergence or deviation from any plan required to be submitted to the Building Authority under the simplified requirements; and
(d)in the case of minor works commenced under the simplified requirements, failure to submit to the Building Authority any certificate required to be submitted under the simplified requirements; (Replaced 20 of 2008 s. 3)

dangerous building (危險建築物) means any building in such a condition as to cause risk of injury either to the occupiers or users of such building or to the occupiers or users of any neighbouring building or to the general public;

design assumption (設計假定) means an assumption stated or implied in the design calculations or other documentation in respect of building works submitted to the Building Authority; (Added 72 of 1980 s. 3)
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plan (圖則) includes drawings, details, diagrams, calculations, structural details, structural calculations, geotechnical details and geotechnical calculations; (Added 44 of 1959 s. 2. Amended 15 of 2004 s. 2)
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https://www.elegislation.gov.hk/hk/cap123?xpid=ID_1438402641014_001

4B.Duties of prescribed building professional appointed or nominated in respect of minor works commenced under simplified requirements
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(2)Without affecting the generality of subsection (1), the prescribed building professional shall also—
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(e)ensure that the carrying out of minor works commenced under the simplified requirements would not contravene—
(i)any enactment; and
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https://www.elegislation.gov.hk/hk/cap123?xpid=ID_1438402641217_002

7.Disciplinary proceedings for authorized person, registered structural engineer, registered geotechnical engineer or registered inspector (Amended 16 of 2011 s. 10)

(1)The Building Authority may bring to the notice of a disciplinary board appointed under section 5 the matters set out in subsection (1A) in relation to an authorized person, a registered structural engineer, a registered geotechnical engineer or a registered inspector if the conduct referred to the disciplinary board may—  (Amended 15 of 2004 s. 8; 16 of 2011 s. 10)

(a)render the person unfit to remain on the relevant register;
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(1A)The matters referred to in subsection (1) are that the person—
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(j) has not carried out his duties under section 4B(2)(d), (e) or (f) in respect of minor works commenced under the simplified requirements; (Added 20 of 2008 s. 9. Amended 16 of 2011 s. 10)
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https://www.elegislation.gov.hk/hk/cap123?xpid=ID_1438402641357_002

14.Approval and consent required for commencement of building works, etc.

(1)Save as otherwise provided, no person shall commence or carry out any building works or street works without having first obtained from the Building Authority—

(a)his approval in writing of documents submitted to him in accordance with the regulations; and
(b)his consent in writing for the commencement of the building works or street works shown in the approved plan. (Amended 68 of 1993 s. 6)

(2)Subject to section 28B(4), neither the approval of any plans nor the consent to the commencement of any building works or street works shall be deemed—  (Amended 41 of 1982 s. 3)

(a)to confer any title to land;
(b)to act as a waiver of any term in any lease or licence; or
(c)to grant any exemption from or to permit any contravention of any of the provisions of this Ordinance or of any other enactment.
(Replaced 44 of 1959 s. 4)

16.Grounds on which approval or consent may be refused

(1)The Building Authority may refuse to give his approval of any plans of building works where—
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(d)the carrying out of the building works shown thereon would contravene the provisions of this Ordinance or of any other enactment, or would contravene any approved or draft plan prepared under the Town Planning Ordinance (Cap. 131);

https://www.elegislation.gov.hk/hk/cap123?xpid=ID_1438402641778_001

22.Powers of Building Authority

(1)Subject to subsection (1A), the Building Authority or an authorized officer may at any time enter and where necessary, in the presence of a police officer, break into any premises or enter upon any land—  (Amended 24 of 2012 s. 4)

(a)to ascertain whether any building, structure, street or natural, formed or man-made land is dangerous or liable to become dangerous; (Amended 72 of 1980 s. 7)
(b)to inspect or test any groundwater drainage works, drainage works, drainage system, sewerage works or sewerage system; (Amended 44 of 1959 s. 8; 41 of 1982 s. 7; 24 of 2012 s. 4)
(c)to ascertain whether the provisions of this Ordinance or of any notice order or regulation hereunder are being complied with;
(d)to carry out or cause to be carried out any work which he is authorized to carry out under this Ordinance. (Amended 44 of 1959 s. 8)
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24AA.Order for demolition, removal, or alteration of minor works commenced under simplified requirements

(1)The Building Authority may, by order in writing served according to subsection (4), require a person to take the action described in subsection (2) in respect of any minor works commenced under the simplified requirements, if the minor works have been or are being carried out in contravention of—

(a)any provisions of this Ordinance;
(b)any approved or draft plan prepared under the Town Planning Ordinance (Cap. 131); or
(c)any relevant master lay-out plan approved by the Town Planning Board under section 4A(2) of the Town Planning Ordinance (Cap. 131).

(2)The action that the Building Authority may require a person to take under subsection (1) is—

(a)the demolition of the minor works; or
(b)such alteration of the minor works as may be necessary to cause the same to comply with the provisions of this Ordinance, the approved or draft plan or the master lay-out plan (as the case may be), or otherwise to put an end to the contravention referred to in subsection (1)(a), (b) or (c).
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56.Savings and transitional provisions relating to minor works
(1)Where, before the date of commencement, the Building Authority has given approval and consent for the commencement of any building works under section 14(1), the building works shall not be treated as minor works for the purposes of this Ordinance notwithstanding that they are building works designated as minor works in the regulations.
(2)Where any building works, which are exempt from section 14(1) by virtue of section 41(3) or (3A) as it was in force immediately before the date of commencement, have been completed or are being carried out as at the beginning of the date of commencement, the building works shall not be treated as minor works for the purposes of this Ordinance notwithstanding that they are building works designated as minor works in the regulations.

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Of course, the provisions listed above are only part of Cap. 123 Buildings Ordinance. However, you should be able to understand the term "unauthorized building works (僭建物) " better by reading through such provisions.

In view of the above provisions of Cap. 123 Buildings Ordinance, we can see that the correct interpretation of the term "unauthorized building works (僭建物) " depends on the correct interpretation of the relevant provisions of Cap. 123 Buildings Ordinance and other relevant enactments. In short, the interpretation of the term "unauthorized building works (僭建物) " varies according to the change in the interpretation of the relevant provisions of Cap. 123 Buildings Ordinance and other relevant enactments. At least, we/you have to be certain about the correct interpretation of subsection 16(1)(d) of Cap. 123 Buildings Ordinance, which is stated above.

https://www.elegislation.gov.hk/hk/cap123?xpid=ID_1438402641778_001

The literal interpretation of subsection 16(1)(d) of Cap. 123 Buildings Ordinance is clear and there is no absurdity, if we interpret subsection 16(1)(d) of Cap. 123 Buildings Ordinance literally. Clearly, "any other enactment" referred to in subsection 16(1)(d) of Cap. 123 Buildings Ordinance includes the relevant provisions and enactments as follows:

- section 4 and section 5 of Cap. 59V Factories and Industrial Undertakings (Fire Precautions in Notifiable Workplaces) Regulations
https://www.elegislation.gov.hk/hk/cap59V?xpid=ID_1438403509636_001

- section 22A of Cap. 132 PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
https://www.elegislation.gov.hk/hk/cap132!en?xpid=ID_1438402660389_001

- section 126 of CAP 132 PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
https://www.elegislation.gov.hk/hk/cap132!en?xpid=ID_1438402663681_003&INDEX_CS=N
(Note that section 126 of CAP 132 PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE violates the relevant articles of the Basic Law including Article 4, Article 6, Article 11, Article 29, Article 38, Article 39 and Article 42 and the relevant provisions of the Joint Declaration, as I have explained before.)

- section 18 and section 34I of Cap. 344 Building Management Ordinance
https://www.elegislation.gov.hk/hk/cap344!en?INDEX_CS=N&xpid=ID_1438403038113_001
https://www.elegislation.gov.hk/hk/cap344!en?xpid=ID_1438403038456_002&INDEX_CS=N
(As I have explained before, violations of the DMC of Lee Tai Building are related to the violations of these sections of Cap. 344 Building Management Ordinance.)

- the relevant articles of the Basic Law including Article 4, Article 6, Article 11, Article 29, Article 38, Article 39 and Article 42 and the relevant provisions of the Joint Declaration (Please refer to my previous e-mails dated 2019 to you and other relevant e-mails mentioned above for the relevant explanations on why such articles/provisions are violated.)
https://www.basiclaw.gov.hk/en/basiclawtext/index.html

-other relevant enactments

All written laws have to be understandable by all people and therefore the Office of The Ombudsman and the Legislative Councillors must be able to interpret correctly all relevant laws/enactments including subsection 16(1)(d) of Cap. 123 Buildings Ordinance. BD has never mentioned subsection 16(1)(d) of Cap. 123 Buildings Ordinance in its letters/e-mail sent to the Office of The Ombudsman and/or me, but the Office of The Ombudsman and the Legislative Councillors must compel BD to execute its powers and duties properly as per the correct interpretation of subsection 16(1)(d) of Cap. 123 Buildings Ordinance and other relevant provisions/laws/enactments. All relevant parties would be wasting time and effort, if we/you are unable to confirm the correct interpretation of subsection 16(1)(d) of Cap. 123 Buildings Ordinance in the first place for the reason mentioned above.

Therefore, unauthorized building works (僭建物) include any building works which contravene any of the provisions or enactments mentioned above.

Section C: If we are unable to prevent the relevant government departments such as BD from slurring over my complaints, we are unable to monitor and control these government departments properly. To ensure that BD executes its powers and duties properly as per the relevant laws including Cap. 123 Buildings Ordinance, the Office of The Ombudsman and the Legislative Councillors must ensure the followings:

a. BD would clearly demonstrate to us that it would justify all its actions and/or decisions relating to my complaints with all the relevant facts, well-established principles, reasonableness and logical arguments. The Ombudsman and the Legislative Councillors must not allow the HKSAR government and/or the relevant government bureaus/departments including BD and FEHD etc. to slur over my complaints in the way they have been doing. Reasons without sound justifications, which include all the relevant facts, well-established principles, reasonableness and logical arguments, are not good reasons and are therefore meaningless. For example, roughly speaking, BD has not yet satisfactorily justified whether the flat roof mentioned in the second paragraph of its letter dated 17 September, 2019 is inaccessible. In short, all relevant government bureaus/departments must act according to the correct interpretations of the relevant laws/enactments.

b. For reasons mentioned before, for compliance with the relevant laws such as subsection no. 16(1)(d) of Cap. 123 Buildings Ordinance, section 126 of CAP 132 PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE and section 18 and section 34I of Cap. 344 Building Management Ordinance etc., the relevant government departments including BD and FEHD etc. must ascertain the location and extent of the common parts of Lee Tai Building and whether 富臨集團的正冬火鍋料理 has obtained the relevant consents from all other owners of Lee Tai Building for using such common parts;

c. BD must understand and admit that, with respect to the powers and duties of BD as per Cap. 123 Buildings Ordinance and in accordance with subsection no. 16(1)(d) of Cap. 123 Buildings Ordinance and other relevant provisions/enactments, BD has both the powers and duties to ensure that all building works must comply with all enactments including, but not limited to, all the provisions and enactments mentioned above in Section B. Particularly, BD has both the powers and duties to check whether the building works comply with the relevant provisions of Cap. 344 Building Management Ordinance and Cap. 59V Factories and Industrial Undertakings (Fire Precautions in Notifiable Workplaces) Regulations etc.;

d. BD must understand and admit that, for reasons mentioned before in my previous e-mail to you dated 2019 and other relevant e-mails sent by me to you from 2019 onwards, design assumptions, which may be explicitly stated or implied, are part of the relevant plan, which is based on such design assumptions, as per Cap. 123 Buildings Ordinance and BD has both the powers and duties to compare these design assumptions with the corresponding facts/circumstances to ascertain whether there is/are any difference(s) between such design assumptions and the corresponding facts/circumstances and take actions accordingly. But BD has been evading taking actions relating to such assumptions and facts as per Cap. 123 Buildings Ordinance; in short, BD must disapprove the relevant applications/drawing(s), if the relevant fact(s) and/or circumstance(s) etc. contradict(s) the design assumptions with respect to such applications/drawing(s);

e. With reference to the attached drawing named 'Floor Plan Showing the Original Layout of Mezzanine Floor of Lee Tai Building' and in the drawings with respect to the issuance of Occupation Permit of Lee Tai Building, there was no wall opening, the height of which is more than 2M, between the lightwell at M/F of Lee Tai Building facing the scavenging lane and the units/flats at M/F owned by 富臨集團的正冬火鍋料理 and there was no wall opening, the height of which is more than 2M, between the entrance lobby at M/F of Lee Tai Building and the units/flats at M/F owned by 富臨集團的正冬火鍋料理. Therefore, as per such drawings and the DMC of Lee Tai Building, all owners of Lee Tai Building are not responsible for providing any means of escape for 富臨集團的正冬火鍋料理 in any of the common parts of Lee Tai Building. Such drawings were sent to you previously.

Compare the attached drawing named 'Floor Plan Showing the Original Layout of Mezzanine Floor of Lee Tai Building' with the attached photos named:

-'Entrance Lobby at MF of Lee Tai Building 3',
-'Staircase from Mezzanine Floor of 富臨集團的正冬火鍋料理 in Lee Tai Building leading to the scavenging lane at Ground Floor (2) Door at MF' and
-'Staircase from Mezzanine Floor of 富臨集團的正冬火鍋料理 in Lee Tai Building leading to the scavenging lane at Ground Floor (4) Down to GF'.

However, with respect to the alterations/changes of the means of escape (as shown in the photos listed above) as per the relevant drawings, the relevant government departments had imposed additional responsibilities and/or liabilities, which are maintaining the additional means of escape in the relevant common parts of Lee Tai Building, on all owners of Lee Tai Building without the consents of all owners of Lee Tai Building to such alterations/changes of the means of escape. This is clearly unreasonable and unfair to all owners of Lee Tai Building. This violates Article 29 of the Basic Law as follows and other relevant provisions/enactments:

Article 29 of the Basic Law
The homes and other premises of Hong Kong residents shall be inviolable. Arbitrary or unlawful search of, or intrusion into, a resident's home or other premises shall be prohibited.

https://www.basiclaw.gov.hk/en/basiclawtext/chapter_3.html

f. The government and the relevant bureaus and departments of the HKSAR including BD and FEHD etc. have to properly understand/handle all other matters/issues/complaints/points mentioned in my previous e-mail to you dated 2019 and/or other relevant e-mails sent by me to you from March, 2019 onwards.

Please refer to my previous e-mails sent to you from 2019 onwards for the relevant elaboration of the points/issues/matters/complaints/etc. stated/outlined above.

Please take all relevant points/reasons stated in this e-mail and/or the attached e-mails/letters and/or my previous e-mails sent to you from 2018 onwards and all evidence sent to you by me into consideration in processing the captioned complaints. Please forward this e-mail, the attached e-mails/letters and my previous e-mails sent to you from 2018 onwards and all evidence sent to you by me to the Duty Lawyer for his/her processing of the captioned complaints.

In your reply to my complaints/e-mails, please pinpoint any mistakes/nonsense, if any, in my e-mails sent to you or to be sent to you. You can do so by simply highlighting such mistakes/nonsense with, say, green colour. Otherwise, you are not handling my complaints/requests/recommendations/etc. properly. Please be reminded to forward any relevant correspondence or e-mails etc. to me.

I do not consent to the disclosure of any part of any information sent or to be sent to you by me to anyone except the personnel handling my complaints, because I have to protect my privacy.

This email is written by and sent from the owner of a flat in Lee Tai Building to the relevant bureaus and departments of THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION and other relevant parties mentioned above.

My mobile phone number is **.

[tai building lee]

tai building lee <leetaib...@gmail.com> 於 2022年3月7日 週一 上午2:18寫道：