Depth Charge: Justice Secretary’s husband fined HK$20,000 over unauthorized pool

Secretary for Justice Teresa Cheng speaks at American University in Washington, D.C. last year. Photo via VOA.
Secretary for Justice Teresa Cheng speaks at American University in Washington, D.C. last year. Photo via VOA.

Things aren’t exactly going swimmingly for the husband of Hong Kong’s secretary for justice after he was slapped with a hefty fine today for building a small pool in his back yard without prior approval from authorities.

Otto Poon, who is married to Justice Secretary Teresa Cheng, was ordered to pay HK$20,000 (about US$2,550) for violating the city’s Buildings Ordinance with the 2.5-by-4.65-meter exercise pool, RTHK reports.

Acting Chief Magistrate So Wai-tak ruled that despite the pool being above ground, its substantial weight when filled — some 14 tons — made it “an integral part of the garden landscape” of the house, and it should be considered a construction, as opposed to merely a container.

Poon did not appear in court today as he is currently in hospital, his lawyer said.

At trial, an expert witness for the prosecution testified that, when full, the pool could put pressure on the adjacent house, The Standard reported at the time.

The defense, however, argued that as the object was merely four light steel walls and a plastic lining, the pool was less a structure and more akin to a plastic bag used to hold a goldfish, and therefore “very, very safe, very, very okay.”

The pool was taken out last year following an inspection.

Authorities had also looked into the possibility of also pursuing a case against Secretary Cheng for alleged unauthorized construction at an adjacent property, including a deck, a rooftop structure, and a ground floor extension.

However, special counsel Edwin Choy threw cold water on that prospect late last year when he found that there was “insufficient evidence to establish a reasonable prospect of conviction against” her.

The furor over the case drew unwanted media attention to the houses’ many amenities, which prompted a social media stir in a city where many people struggle to afford even basic housing. Between them, Cheng and Poon’s homes have, among other things, a wine cellar, a kitted-out band room, and a home cinema.

The case was especially embarrassing to Cheng and Poon, as both have extensive backgrounds in engineering law. Cheng, in fact, wrote the book on Hong Kong construction law — literally.



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