Introduction
In his 2022 Policy Address, the Chief Executive announced that the Government would conduct a comprehensive review on the existing statutory powers and penalties relating to environmental hygiene to enhance the efficiency, effectiveness and deterrent effect of enforcement actions against thorny environmental hygiene problems. In the first stage of the legislative review which came into effect on 22 October 2023, the Government raised the fixed penalty level under the Fixed Penalty (Public Cleanliness and Obstruction) Ordinance (Cap. 570) and the maximum penalty which the Court may impose over certain environmental hygiene offences under Cap. 132, etc. In the 2023 Policy Address, as one of the key performance indicators, the Government undertook to introduce the Public Health and Municipal Services (Amendment) Bill 2024 (the Amendment Bill) on the second-stage legislative review into the LegCo within 2024 to enhance the effectiveness and deterrence effect of the environmental hygiene-related legislation.
The Amendment Bill was passed by the Legislative Council on 8 May. While the Amendment Ordinance was published in the Gazette on 16 May, it will take effect on 17 August 2025. This ordinance contains amendments aiming at strengthening statutory powers and enhancing deterrent effects to address the following problems:
- public health nuisances such as water seepage in buildings, water dripping from air-conditioners and “garbage apartments”;
- proliferation of vermin;
- occupation of public places (e.g rear lanes) by miscellaneous articles causing obstruction to scavenging operations;
- shopfront extension; and
- illegal display or affixation of bills or posters.
Amendments to the Current Ordinance
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Public Health Nuisances (such as water seepage in buildings, water dripping from air-conditioners and “garbage apartments”)
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Extend the permissible hours of entering premises for investigation of nuisance from between 7:00 a.m. and 7:00 p.m. to between 7:00 a.m. and 10:00 p.m.
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If the owner or occupier of premises, without reasonable excuse, fails to allow a public officer to enter within 14 days after the issuance of the Notice of Intended Entry (or in the case of premises used for business purposes, within 14 days after the date of the intended entry), they commit an offence and may be liable to a maximum penalty of a fine at level 2 ($5,000).
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Raise the maximum penalty that the court can impose for non-compliance of “Nuisance Notice”, from a fine at level 3 ($10,000) and a daily fine of $200 to a fine at level 4 ($25,000) and a daily fine of $450.
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Raise the maximum penalty that the court can impose for non-compliance of “Nuisance Order” issued by the court, from a fine at level 4 ($25,000) with a daily fine of $450 to a fine at level 5 ($50,000) with a daily fine of $600.
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Revise the legal definition of “litter” from the existing “substance likely to constitute a nuisance” to “substance or article likely to constitute a nuisance”
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Proliferation of Vermin
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Empower FEHD to serve “Notice of Elimination of Vermin” on persons responsible for management of the building (e.g. property management companies) for removal of vermin in common parts of a building.
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Raise the maximum penalty for non-compliance with“Notice of Elimination of Vermin” from a fine at level 2 ($5,000) and a daily fine of $100 to a fine at level 4 ($25,000) and a daily fine of $450.
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Empower FEHD to recover the expenses incurred from the person-in-charge of an infected premises where FEHD has conducted vermin disinfestation work without serving a Vermin Notice.
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Raise the maximum penalty for tampering with trapping and disinfestation devices for vermin removal from a fine at level 1 ($2,000) to level 2 ($5,000).
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Stipulate that FEHD can set up equipment or devices in premises which may be infested with vermin for conducting tests or assessments regarding vermin situation; and tampering with such equipment or devices will be an offence liable to a maximum penalty of fine at level 2 ($5,000).
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Occupation of Public Places by Miscellaneous Articles Causing Obstruction to Scavenging Operations
- Shorten the removal time specified on the “Notice to Remove Obstruction” to not less than 30 minutes. Discretion may be exercised to set a reasonably longer time according to the actual circumstances.
- Increase the maximum penalty for non-compliance of the Notice from a fine at level 2 ($5,000) and a daily fine of $50, to a fine at level 3 ($10,000) and a daily fine of $300.
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Shopfront Extension
- Stipulate that it is an offence for a person to, without lawful authority or reasonable excuse, place, cause, suffer or permit any article to be left in a public place in a connection with the carrying on of a shop business and may cause obstruction to the public.
- Empower FEHD to –
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require shop operators to remove obstructing articles and, in cases of non-compliance, remove the articles;
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forfeit the article if no claim is made within 7 days after the date of the exercise of the removal power for a non-perishable nature, or within 48 hours after the exercise of the removal power for a perishable nature .
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Maintain the current maximum penalty of fine at level 4 ($25,000) and 3 months imprisonment.
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Empower FEHD to issue Fixed Penalty Notice at a level of $6,000 to the offender.
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Illegal Display or Affixation of Bills or Posters
- Increase the maximum penalty from a fine at level 3 ($10,000) and a daily fine of $300 to level 4 ($25,000) and a daily fine of $450.
- Empower enforcement officers to remove, destroy or otherwise dispose of display equipment like “easy-mount frames”, in addition to bills or posters.