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The following is issued on behalf of the Housing Authority:
An Enhanced Marking Scheme on tenancy related offences leading to termination of tenancy will be introduced in all shopping centres and markets under the Housing Authority (HA) following consultation with tenants which begin on May 1.
The Commercial Properties Committee today (April 27) approved a proposed Enhanced Marking Scheme for Tenancy Enforcement in HA﷿s commercial premises to be launched after the consultation exercise.
䩕The Marking Scheme is an extension of the existing Yellow Line Scheme, which only focuses on abatement of obstruction at public spaces, to include all environmental hygiene-related breaches,蒅 a spokesman for the authority said.
The scheme covers offences committed by the tenant, operator and employees. Tenants with 16 points accumulated over a two-year period will have their tenancies terminated. They will be alerted once the accrued points reach 10 or more. Points accumulated will be valid for two years and will be cleared only upon expiry of the validity period.
When 16 points have been accrued, a Notice to Quit will be served to terminate the tenancy. 䩕All relevant circumstances will be considered in deciding whether to issue the notice and the Housing Department will act in a reasonable manner,蒅 the spokesman said, adding that the tenant could appeal to the Appeal Panel as with all tenancy termination cases.
Following are the scheduled offences and points to be allotted under the proposed scheme:-
Offences Points
(a) Unauthorised sale of cooked food/operation
of food factory.# 7
(b) Denying the HD staff or staff representing
the HD entry for inspection or repairs.* 7
(c) Disposing of trade refuse/junks/rubbish
indiscriminately in public areas. 5
(d) Accumulating refuse/wastes inside the
leased premises, creating offensive smell
and hygienic nuisance. 5
(e) Unauthorised tapping/improper use of
water from HA﷿s water points. 5
(f) Causing blockage of floor drain and
refusing to take timely remedial action. 3
(g) Deposit of paraphernalia indiscriminately
atop the shopstall. 3
(h) Causing blockage of floor drain and
refusing to take timely remedial action.* 3
(i) Overspill of exclusively used grease trap.* 3
# 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.
* Verbal and written notice would be given to the tenant before allotting points under this offence.
Stressing that the Marking Scheme was an administrative measure introduced to enhance tenancy enforcement actions, the spokesman said that the statutory rights and obligations of the landlord and tenant under the existing tenancy would not be affected. In addition to tenancy actions, sanctions by other enforcement departments and licensing authorities will continue.
䩕The scheme is not applicable to markets let to single operators. They have to observe the obligations stipulated in their leasing agreements with HA,蒅 the spokesman said.
Meanwhile, the Incentive Award Scheme, first introduced in 2003, would be relaunched to sustain customer satisfactions level on the cleanliness of the HA﷿s shopping centres. The award scheme will include the Excellency Award for Toilet Management and the Best Hygiene Award for Food Premises to be implemented on a quarterly basis.
Ends/Thursday, April 27, 2006
Issued at HKT 16:39
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