A bill to enhance enforcement efficiency and deterrent effect on environmental hygiene problems, including water dripping from air-conditioners and shopfront extension situations, was published in the Government Gazette today.

To enable investigation officers to enter premises suspected of being the source of the nuisance arising from water seepage in buildings and water dripping from air-conditioners as soon as possible, the bill recommends making it an offence for the relevant owner or occupier failing to comply with a notice of intended entry without reasonable excuse.

It also recommends extending the period allowed for entering premises for investigations from the current one between 7am and 7pm to between 7am and 10pm.

Moreover, penalty levels for non-compliance with the Government's notices and/or court orders for abatement of nuisances within a specified period will be increased.

The bill covers matters concerning the maintenance of hygiene in premises. With reference to measures to prevent mosquito breeding, the bill proposes that a notice be served to those responsible for the building’s management, such as owners' corporations and property management companies, to tackle vermin problems in common parts of buildings as soon as possible.

Additionally, the bill includes adjustments to the maximum penalties the court may impose for offences related to vermin infestations, occupation of public places by miscellaneous articles causing obstruction to scavenging operation and illegal display or affixation of bills or posters to ensure sufficient deterrent effect. Relevant penalty levels have not been adjusted since 1996.

Furthermore, a new provision on shopfront extensions is recommended for the Public Health & Municipal Services Ordinance, allowing the Food & Environmental Hygiene Department (FEHD) to handle shopfront extensions independently, including requiring shops to remove obstructing articles themselves, or allowing the department to remove obstructing articles when no owners have come forward, as well as stipulating the mechanism for disposing of removed articles.

Such amendments, aiming to enhance enforcement efficiency and define the nature of the offence, will neither change current enforcement standards for shopfront extensions under the Summary Offences Ordinance, nor adjust the penalty levels.

The Public Health & Municipal Services (Amendment) Bill 2024 will be introduced into the Legislative Council for first and second readings on December 4. The Government proposes that the relevant amendments take effect three months after gazettal of the bill following its passage by the Legislative Council.

During the three-month period, the FEHD will conduct extensive publicity on the relevant amendments.