Marking Scheme for Estate Management Enforcement
The scheme was introduced in 2003 as the Marking Scheme for Tenancy Enforcement in Public Housing Estates, focusing initially on environmental cleanliness and hygiene related misdeeds. It was renamed as the Marking Scheme for Estate Management Enforcement in Public Housing Estates in 2006 to reflect its wider role in estate management. It is applicable to both public rental housing (PRH) estate tenants and Interim Housing (IH) licensees.
The Marking Scheme currently covers 30 misdeeds, each of which carries 3, 5, 7 or 15 penalty points according to the degree of seriousness involved. When a PRH / IH household has accrued 16 points within two years, its tenancy / licence is liable to termination.
Misdeeds covered by the Marking Scheme
To allow tenants a chance to rectify their bad habits, we have put in place a Warning System whereby written warning is issued to a tenant committing a misdeed of a less serious nature. The written warning will be valid for a period of two years from the date of commission of the misdeed. Penalty points will be allotted if the household ignores the written warning and repeats the same misdeed for the second time and onwards within the two years’ warning validity period. There are currently 11 misdeeds falling under this Warning System:
Misdeeds to which the Warning System applies (First-time offenders will be issued a written warning. Repeated offence within the two years’ warning validity period is liable to point allotment immediately)
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1. | Drying clothes in public areas (except in areas designated by Housing Department(HD))% |
| 2. | Putting dripping object at window, balcony or façade | |
| 3. | Dripping oil from exhaust fan, range hood duct, etc. | |
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4. | Causing mosquito breeding by accumulating stagnant water |
| 5. | Water dripping from air-conditioner | |
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6. | Not allowing Housing Authority (HA) or persons authorised by HA to inspect or carry out inside the leased premises or at any area pertaining to the leased premises (including but not limited to the exterior wall, corridor wall, ventilation window, metal gate) works for which HA is responsible or for compliance with statutory requirements or for implementation of HA's repair, maintenance or enhancement programme covering the building of which the leased premises form part |
| 7. | Failure to repair pipes or sanitary fittings for which the tenant is responsible or to rectify unauthorised alterations as demanded by HA | |
| 8. | Accumulating a large quantity of refuse or waste inside leased premises, creating offensive smell and hygienic nuisance | |
| 9. | Placing any sundry items, property, or objects in estate common areas (including but not limited to common areas inside or outside any buildings of the estate) that cause obstruction or render cleansing difficult | |
| 10. | Causing noise nuisance (Note 1) | |
| 11. | Hanging or placing objects with potential risk of falling from height outside the window, balcony or façade (including canopy, air-conditioner hood and other projections) |
Misdeeds that will be allotted points without warning
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1. | Keeping animal, bird or livestock inside leased premises without prior written consent of the Landlord (Note 2) |
| 2. | Boiling wax in public areas | |
| 3. | Smoking or carrying a lighted cigarette in estate common area# | |
| 4. | Illegal gambling in public places | |
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5. | Throwing objects from height that jeopardise environmental hygiene |
| 6. | Spitting in public areas | |
| 7. | Urinating and defecating in public places | |
| 8. | Using leased premises as food factory or storage | |
| 9. | Illegal hawking of commodities or services; supplying, promoting, soliciting or advertising of commodities or services that is commercial in nature but without HA’s prior approval% | |
| 10. | Littering | |
| 11. | Disposing of refuse indiscriminately | |
| 12. | Allowing animal and livestock under charge to foul public places with faeces | |
| 13. | Feeding feral pigeons or other wild animals@ | |
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14. | Throwing objects from height that may cause danger or personal injury (Note 3) |
| 15. | Dumping or disposing of decoration debris indiscriminately at refuse collection point, within building or in other public areas | |
| 16. | Damaging down/ sewage pipes causing leakage to the flat below | |
| 17. | Damaging or stealing Housing Authority’s property | |
| 18. | Using leased premises for illegal purpose | |
| 19. | Resisting or obstructing HA or person(s) authorised by HA in execution of duties in accordance with the Housing Ordinance or other statutory requirements, or policies imposed by HA^ |
% In Tenants Purchase Scheme estates, the mentioned HA/HD’s designation or approval shall mean Owners’ Corporations designation or approval.
# Including activated alternative smoking products (e.g. electronic cigarette products, heated tobacco products and herbal cigarettes)
@ “Wild animal” is defined in section 2 of the Wild Animals Protection Ordinance, Cap. 170 to mean any animal, other than those classed at common law as domestic (including those so classed which have gone astray or have been abandoned). Examples of wild animals include monkeys, wild pigs and tree sparrows.
^ S.23 of the Summary Offences Ordinance, Cap. 228 provides that any person who resists or obstructs a public officer or other person lawfully engaged, authorized or employed in the performance of any public duty or any person lawfully assisting such public officer or person therein shall be liable to a fine at level 1 and to imprisonment for 6 months. Penalty points under the Marking Scheme will be allotted for cases upon conviction.
Note 1:
Apart from related enforcement action under the Marking Scheme, the Noise Control Ordinance also provides legislative control over noise at any time. A tenant^ in breach of relevant provisions inside his/ her flat will be allotted points upon conviction. In such cases, the Warning System will not be applicable.
Note 2:
With effect from 1 November 2003, tenants who keep prohibited dog(s) or animal(s) in leased premises without prior written consent of the Landlord will be allotted penalty points under the Marking Scheme. Tenants who have been granted the permission should strictly comply with the prescribed rules for dog keeping. The permission will be withdrawn if there are two substantiated incidents of creating nuisance/ breaking the rules.
Note 3:
For households who have thrown objects from height that may cause serious danger or personal injury, the HA will terminate the subject tenancy by issuing a Notice-to-quit in pursuance of the Housing Ordinance.
^ Including licensee of interim Housing
Frequently Asked Questions about the Marking Scheme
Please click the following link to download:
Frequently Asked Questions about the Marking Scheme (PDF format)
Complaint / Appeal Mechanism
A complaint / appeal lodged by a tenant on the allotment of points will first be handled by the 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 whose decision on the case is final.
Enquiry
General information on the Marking Scheme can be obtained from this website and the HA Hotline (2712 2712). For details, please contact the local Estate Offices / Estate Management Offices / District Tenancy Management Offices.
