The Public Health and Municipal Services (Amendment) Bill 2024 was passed by the Legislative Council on 8 May. While the Public Health and Municipal Services (Amendment) Ordinance 2025 (the Amendment Ordinance) was published in the Gazette on 16 May, it will take effect on 17 August 2025.
This Amendment Ordinance contains amendments aiming at strengthening statutory powers and enhancing deterrent effects to address the public health nuisances such as water seepage in buildings. To speed up the investigation process, 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. 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).
The Joint Office has been authorised to enforce the relevant provisions of the Public Health and Municipal Services Ordinance (Cap. 132). Where the source of seepage posing a nuisance is identified, a "Nuisance Notice" will be issued to the person causing the nuisance requiring the abatement of nuisance within a specified period of time, failing which the person concerned will be subject to prosecution. The Joint Office may also apply to the Court for a "Nuisance Order" ordering the person concerned to abate the nuisance. Failure to comply with the order will result in prosecution.
To ensure that property owners or occupants eliminate health nuisances, when the Amendment Ordinance comes into operation on 17 August 2025, 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 raised to a fine at level 4 ($25,000) and a daily fine of $450. And 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 raised to a fine at level 5 ($50,000) with a daily fine of $600.
If you would like to learn more about the content of the Amendment Ordinance, you can visit the FEHD website at https://www.fehd.gov.hk/english/events/public_health_municipal_services_amendment_ordinance_2025.html
Ends /Thursday, May 29, 2025