CE candidate Henry Tang Ying-yen and his wife Lisa Kuo Yu-chin meet the media late Thursday night after officials from Buildings Department finish checking for existence of illegal structures in their two villas in Kowloon Tong. Provided to China Daily

Media photographers use hired cranes outside CE candidate Henry Tang Ying-yen's villas to get first-hand information of action inside the residence. Li Likui / China Daily

Wife shoulders blame for underground palace as candidate struggles to stay afloat

As the controversy surfaced, Henry Tang said 7 York Road is owned by his wife and the basement was built after the occupation permit was issued in 2007. But records retrieved by Ming Pao earlier showed both Tang and his wife were co-owners before 2010.

Professionals suggested that the illegal basement could not exist without first laying a deeper foundation.

Failure to comply with the plan filed with Buildings Department is an offense under the Buildings' Ordinance and the excess in floor area allowed by the plot ratio might also be a breach of land lease.

But Barrister Albert Luk pointed out the owner is not naturally accountable for offenses within his premise. The prosecutor would have to prove clear acknowledgement, intent or even actual involvement in the offense to securely place a charge against the owner.

Even though Tang's wife Lisa Kuo was said to have attended contractors' meetings, Luk said her role could still be challenged. "You could be present at the meeting without involvement in the ongoing discussion," he said.

Architect Henry Ho Chung-yi and structural engineer Wong Pak-lam were identified as the two authorized people in the project, who are apparently accountable for the offense.

Tang also said that Buildings Department does not issue an occupation permit merely by seeing a plan.

But a front line inspector said that the buildings inspector's job is to only ensure that the building plan is fully complied with, instead of looking into every detail such as concealed doors.

The staff said the extent of illegal works in Hong Kong houses is much more common than the public can imagine. "The problem is that entry to these premises is difficult. The media could climb on cranes, but we cannot," he said.

Reporters and cameramen, some of them on crane elevated platforms, have been watching movements at the two houses on York Road throughout Thursday in anticipation of the visit by Buildings Department officials. Henry Tang's son William took the officials for the inspection of the villa.

Carrie Lam Cheng Yuet-ngor, secretary for development, pledged to handle every building offense fairly and lawfully. She said the premises owned by notable persons are now given priority after illegal structures were discovered at homes of key officials last year.

kahon@chinadailyhk.com

(HK Edition 02/17/2012 page1)