Hong Kong Housing Authority and Housing Department

Enhanced Marking Scheme for Commercial Properties

Enhanced Marking Scheme for Commercial Properties
To enhance the environmental hygiene of our commercial properties, we have extended the Yellow Line Scheme for implementation of Enhanced Marking Scheme (the Scheme) to target at misdeeds that have adverse effects on management and environmental issues of commercial facilities. The Scheme 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 when enforcing the termination provision in the tenancy agreement.
Operation of the Scheme

The Scheme covers all commercial tenancies / licences of shops (excluding Councillor's offices), shopstalls, cooked food stalls and storerooms. Penalty points will be allotted according to the degree of seriousness of misdeeds.  Points allotted will remain valid for a period of two years and will be cleared only upon expiry of the validity period. For any objection to the points allotted, tenants may raise the appeal to the Housing Manager concerned through the appeal mechanism. The tenants will be alerted once the accrued points reached 10 or above. Action for tenancy termination by the Housing Authority (HA) will be triggered pursuant to Section 19(1)(b) of the Housing Ordinance when the marks accumulate to 16 or above within two years. The tenant concerned may appeal to the Appeal Panel (Housing) against the termination of tenancy. The ex-commercial tenants will be barred from leasing any our commercial premises for two years upon termination of tenancy under the Scheme.

List of Misdeeds under the Scheme (with effective from 1 October 2011)
Category P (3 penalty points)
Causing obstruction in the public areas
Deposit of paraphernalia indiscriminately atop the shopstall
Causing blockage of floor drain and refusing to take timely remedial action
Overspill of exclusively used grease trap
Category Q (5 penalty points)
Disposing of trade refuse / junk / rubbish indiscriminately in public areas
Accumulating refuse / wastes inside the leased premises, creating offensive smell and  hygienic nuisance
Unauthorised tapping / improper use of water from HA's water points
Playing Mahjong, Tin Kau and card games with gambling elements including Sap Sam Cheung inside the leased premises
Category R (7 penalty points)
Unauthorised sale of cooked food / operation of food factory
Denying the Housing Department (HD) staff or staff representing HD entry for inspection or repairs

* Warning System is in place for these misdeeds. Penalty points will only be allotted if the offender ignores one written warning and repeats the same misdeed for the second time and onwards.

# Penalty points will be allotted against partial change / operation on a small scale in addition to the designated trade. Tenancy enforcement action against unauthorised change of trade that totally deviated from the designated trade will be taken in accordance with the terms and conditions of the tenancy agreement.

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 HA.