It has been a leasing condition that public housing tenants should keep the leased premises and the estate environment clean and hygienic. The Subsidized Housing Committee of the Housing Authority (HA) endorsed at its meeting on 29 May 2003 to strengthen tenancy enforcement action through the introduction of a marking scheme for tenancy enforcement in public housing. When 16 points have been recorded within two years, the tenancy/licence will be liable to termination.

The Marking Scheme is designed to promote environmental hygiene and management of public housing estates. The ultimate goal is to build up a sustained healthy and pleasant living environment.

Starting from 1 January 2007, there are 25 misdeed items under the Marking Scheme, they are grouped under Category A, B, C and D. Items in Category A are minor misdeeds and each of them will carry 3 points. Items in Categories B and C are more serious ones and each will carry 5 and 7 points respectively. Item in Category D is the most serious one and will carry 15 points. Please click here for details of the items and the points to be allotted.

The Marking Scheme has been implemented since 1 August 2003, except for the Category B item 'Keeping animal, bird or livestock inside leased premises without prior written consent of the Landlord' which has taken effect from 1 November 2003.

Any points allotted under the Marking Scheme will be valid for a period of two years from the day the material misdeed is committed. Change of household head or deletion of household member(s) during the two-year period will not lead to early cancellation of the points allotted. For cases where transfer is arranged due to redevelopment etc, the points accrued to the original tenancy will be carried forward to the new tenancy. When households residing in IH move to PRH (e.g. through the General Waiting List), the points accrued in their IH flats will be carried forward to the PRH flats. The points that have become invalid through lapse of time will be deducted from the household's total score.

The tenant and adult family members will be notified of any points allotted and reminded to take immediate action to relinquish the bad habits.

Except households affected by involuntary transfers (such as redevelopment), any household carrying points accumulated under the Marking Scheme will be barred from applying for alternative accommodation, better / larger or otherwise, through external or internal transfer.

When 16 valid points have been accrued, the subject tenancy will be liable to termination 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).

Upon termination of tenancy, the household will be required to vacate the public housing flat. For those who may become genuinely homeless, offer of IH in the New Territories may be arranged provided that the household can meet all prevailing eligibility criteria.

Any points not counted for the service of NTQ will be carried forward to the new tenancy/licence if the household remains in residence in public housing (e.g. moving from PRH to IH in the New Territories).

With effect from 1 January 2006, for ex-tenants with tenancies terminated by the HA due to Marking Scheme or Tenancy Breach, their applications for PRH through the General Waiting List will be barred for two years, counting from the day after date of termination of tenancy. The HD will not offer a flat of better quality (in respect of geographical locality, age of building and floor level) to them upon rehousing.

The Marking Scheme will not affect any statutory penalties or tenancy enforcement actions currently applicable.

Points will be allotted for each separate misdeed committed and counted independently. If a household is found committing several related misdeeds on one single occasion, points will be allotted for only one of the misdeeds. However, the tenant concerned will have to make rectifications for other misdeeds committed within a reasonable time. Failing to do so may result in additional points to be allotted.

Once a household has accumulated 10 points (or less than 10 but with 3 points-allotments), it will receive a warning letter from the HD. This warning letter will detail the points allotted and remind the tenant of the possible consequence if more points are allotted. The warning letter will also be copied to all adult members of the household. Besides, a manager grade HD staff will meet the tenant and the person(s) who committed the misdeeds to advise them that no further misdeeds should be committed, lest more points will be allotted.

On 5 August 2003, a tenant is found spitting in an HA estate which is not his residing estate. A Fixed Penalty Notice (fixed penalty $1500) is issued to him on the spot but no point will be allotted since the misdeed is not committed in the tenant's residing estate.

On 8 January 2004, his wife is found littering in their residing estate. A Fixed Penalty Notice is issued to her on the spot. At the same time, the household is allotted 5 points for the misdeed under the Marking Scheme. These 5 points for littering will lapse after two years on 8 January 2006.

With effect on 8 January 2004, the household is barred from voluntary external and internal transfer. The restriction will be lifted after two years on 8 January 2006 if the household has fulfilled all relevant eligibility criteria and does not commit further misdeeds under the Marking Scheme. Otherwise, it will only be lifted when the household no longer carries any valid points under the Marking Scheme.

On 5 May 2004, the tenant is found allowing his dog to foul the public area of the residing estate with faeces. A Fixed Penalty Notice is issued to tenant and 5 points are allotted to the household for this particular misdeed. Together with the 5 points allotted for the previous misdeed, the household has accumulated a total of 10 points by now and therefore is given a warning letter. In addition, our records show that the household was granted a permission under the Temporary Permission Rule to keep his dog in October 2003 and it has been given one written warning for violating the prescribed rules for dog keeping due to neighbours' complaint against nuisance of dog barking. As the current misdeed of allowing dogs to foul public place with dog faeces constitutes a second breach of the said rules, the temporary permission for dog keeping is cancelled immediately. On 7 May 2004, the tenant is notified in writing of the requirement to dispose of the dog within 14 days (i.e. on or before 21 May 2004). Otherwise, more points will be allotted under the Marking Scheme.

On 26 May 2004, the household is found still keeping the dog inside the premises. Another 5 points are therefore allotted and tenant is again given 14 days to dispose of the dog (i.e. to dispose of the dog on or before 9 June 2004). Non-compliance will result in further allotment of points. The tenant finally sends away the dog on 5 June 2004.

On 8 January 2006, 5 points allotted two years ago for littering now lapse, reducing the household score to 10.

On 20 April 2006, the tenant's 15-year old son is found spitting in his residing estate and a Fixed Penalty Notice is issued to him on the spot. The household is allotted 7 points under the Marking Scheme for this misdeed, bringing the household score to 17. The HD will take action to terminate the tenancy concerned by serving a NTQ on the tenant in pursuant to Section 19(1)(b) of the Housing Ordinance. The household will be required to vacate the flat on or before the expiry date of the NTQ. They will be barred from application for PRH through the General Waiting List for two years, counting from the day after date of termination of tenancy. They should not be offered a flat of better quality upon rehousing.

Misdeeds where warnings will be given before allotment of points (w.e.f. 1 January 2008)

To encourage timely rectification, the Warning System (comprising 1 written warning) is applicable to some misdeeds. The tenant, however, will be allotted points if he / she repeats the misdeed despite warning. The 11 misdeed items where warnings will be given are listed as follows:

Misdeeds where points will be allotted immediately (w.e.f. 1 January 2008)

Complaint/appeal lodged by tenant on the allotment of points will first be handled by concerned Housing Manager. If the complainant/appellant is not satisfied with the Housing Manager's decision, the case will then be handled by concerned Senior Housing Manager. If the complaint/appeal still cannot be settled, then the case will be escalated to the Regional Chief Manager for handling. Regional Chief Manager's decision on the case is final.

This website and HA Hotline (2712 2712) provide general information on the Marking Scheme.  For details, please contact local Estate Office / Estate Management Office / District Tenancy Management Office.