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To enhance the environmental hygiene of the commercial properties, the Housing Authority (HA) has extended the Yellow Line Scheme for implementation of the EMS to target at misdeeds that have adverse effects on environmental hygiene. The EMS taking effect on 1 October 2006 is an administrative measure serving as a warning system to tenants and an objective standard for frontline staff to follow on when to enforce the termination provision in the tenancy agreement.
Operation of the EMS
The EMS covers all shopping centres, shops, shopstalls and cooked food stalls. Penalty points will be allotted according to the degree of seriousness of misdeeds. Points allotted will be held valid for a period of 2 years and will be cleared only upon expiry of the validity period. The tenants will be alerted once the accrued points reached 10 or above. When the number of valid points accumulates to 16, the subject tenancy will be terminated by the service of Notice-to-Quit (NTQ) in pursuant to Section 19(1)(b) of the Housing Ordinance. The tenant may lodge an appeal against the NTQ to the Appeal Panel (Housing).
Categories of Misdeed Items
The misdeed items and the points to be allotted are tabulated below :-
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Misdeeds
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Points
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(a)
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Unauthorised sale of cooked food/operation of food factory.∆
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7
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(b)
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Denying the HD staff or staff representing HD entry for inspection or repairs.*
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7
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(c)
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Disposing of trade refuse/junks/rubbish indiscriminately in public areas.
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5
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(d)
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Accumulating refuse/wastes inside the leased premises, creating offensive smell and hygienic nuisance.
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5
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(e)
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Unauthorised tapping/improper use of water from HA¡¦s water points
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5
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(f)
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Causing obstruction in the public areas.*
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3
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(g)
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Deposit of paraphernalia indiscriminately atop the shopstall.*
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3
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(h)
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Causing blockage of floor drain and refusing to take timely remedial action.*
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3
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(i)
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Overspill of exclusively used grease trap.*
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3
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∆Penalty points will be allotted against partial change/operation on a small scale in addition to the designated trade. Tenancy enforcement action against unauthorized change of trade that totally deviated from the designated trade will be taken in accordance with the terms of the tenancy agreement.
* Warning will be given to the tenant before allotting points under this misdeed.
The scheme is not applicable to markets let to single operators, i.e. Single Operator Markets (SOMs). SOMs have to observe the obligations stipulated in their leasing agreements with the Housing Authority.
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