In a modern society, the government is the only body invested with the necessary power to implement and enforce public health rules and regulations, so that the population complies with publicly established sanitary and environmental standards that prevent anyone from jeopardizing any other people’s legitimate interests. The Hong Kong Special Administrative Region government is no exception. Local residents even expect the government to play an active role in dealing with problems arising from private nuisances, such as water seepage from neighboring flats above theirs.

The Public Health and Municipal Services Ordinance (PHMSO) was enacted in 1960 to deal with environmental hygiene problems in Hong Kong. At that time, the Urban Services Department was chiefly responsible for maintaining environmental hygiene in urban areas. The department came under the control of the Urban Council (formerly known as the Sanitary Board), which was responsible for dealing with sanitary, recreational and municipal services. The Regional Council was established in the New Territories in 1986. When Tung Chee-hwa became the first chief executive of Hong Kong, the Urban Council and Regional Council were abolished in order to implement the plan to reorganize and improve the provision of municipal services after the outbreak of bird flu in 1997.

The Urban Services Department and Regional Services Department, which fell under both councils, were disbanded and reorganized into the Food and Environmental Hygiene Department (FEHD) and the Leisure and Cultural Services Department. Before and during the COVID-19 outbreak in early 2020, the media criticized authorities for failing to deal with environmental hygiene, including the failure to control the rapidly growing number of rats, and the absence of any effective measures to maintain the hygiene of district-based markets.

Following the announcement by Chief Executive John Lee Ka-chiu in his 2022 Policy Address that the administration would conduct a comprehensive review of the existing statutory powers and penalties involving environmental hygiene, the administration has decided to introduce a bill to amend the PHMSO to strengthen the power of the director of Food and Environmental Hygiene and the FEHD for improving enforcement efficiency and deterrence so as to make sustainable achievements in environmental hygiene.

The main amendments are: extension of time allowed for officials to enter premises to investigate the source of nuisance, measures to deal with verminous premises, measures to deal with unlawful shopfront extensions, and the power to remove display equipment used for displaying bills and/or posters. The Public Health and Municipal Services (Amendment) Bill 2024 (Amendment Bill) was introduced into the Legislative Council for its first and second readings on Dec 4. Our think tank strongly supports the Amendment Bill.

In a multistory building, your peaceful use and enjoyment of your premises may be affected by some inconsiderate neighbors. Water seepage in buildings and water dripping from air conditioners often cause a nuisance to neighborhoods. Before casting the blame on suspects, the FEHD must ascertain the source of the nuisance. It is a time-consuming process. Our first concern is the recommendation in the bill to extend the time allowed for officials to enter premises for investigations. The bill recommends making it an offense for failing to comply with a notice of intended entry without reasonable excuse, and extending the period allowed for entry from the current 7 am to 7 pm, to 7 am to 10 pm.

To ensure public health, the above recommendation does not necessitate proof of mens rea, or criminal intent, by the prosecution. Nevertheless, the defendant can still rely on the statutory defense of “reasonable excuse” to adduce sufficient evidence to raise an issue for the court to consider. The prosecution would retain the burden of proving the absence of a reasonable excuse beyond reasonable doubt. The standard of proof remains high.

Another issue of great concern is the prevention of vector-borne diseases in premises. Although the FEHD deserves credit for inspecting potential mosquito-breeding spots in outdoor areas, mosquito breeding remains serious in some premises. According to the Amendment Bill, property owners and occupiers will be held accountable for maintaining proper hygiene in their premises. For vermin issues in common areas of buildings, the bill recommends issuing notices to individuals responsible for building management, such as owners’ corporations or property management companies, to prevent infestations spreading. The bill also includes adjustments to the maximum penalties that the court may impose on offenders relating to vermin infestations.

Third, draftsmen have also raised the issue of unlawful shopfront extensions to the forefront of public consciousness. A new provision on shopfront extensions will allow the FEHD to handle this issue independently, including requiring shops to remove obstructing articles themselves, or allowing the department to remove them when no owners have come forward, as well as stipulating the mechanism for disposing of removed articles.

Fourth, illegal displays of posters have also attracted the attention of draftsmen. From the perspective of tourism in the city, any illegal displays that bring negative publicity can tarnish the reputation of Hong Kong. The bill recommends tougher measures to deal with the illegal display of posters. In addition to empowering the authorities to remove display equipment for the bills and/or posters, the new provision also empowers the authorities to recover the cost of removal from the person displaying the bills and/or posters.

The Amendment Bill serves as a stark reminder that different sectors should play their respective roles in helping the government maintain environmental hygiene and public health. Apart from strengthening the PHMSO, the government should formulate long-term educational policies to incorporate environmental hygiene and public health awareness into the curriculum. The proliferation of sanitary and environmental risks in the districts sits oddly with our hard-won status as an international financial center. Finally, we earnestly hope that district councilors, with their close ties to owners’ associations/corporations, play a more active role in maintaining public health in the districts they represent.

Janet Lin Cai Ying is chairperson of Friends to Community Building, co-director of district administration of the Chinese Dream Think Tank, and a district councilor

Kacee Ting Wong is a barrister, part-time researcher of Shenzhen University Hong Kong and Macao Basic Law Research Center, chairman of the Chinese Dream Think Tank, and a district councilor.

The views do not necessarily reflect those of China Daily.