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G. Government regulation through the Joint Office for Investigation of Water Seepage Complaints

The Joint Office for Investigation of Water Seepage Complaints (“Joint Office”) is a specialised “one-stop” government mechanism jointly operated by the Food and Environmental Hygiene Department and the Buildings Department. Its role is to investigate water seepage complaints in private buildings in a systematic manner and, where appropriate, to require responsible owners to abate nuisances actionable under the Public Health and Municipal Services Ordinance (Cap. 132) (“PHMSO”). In the larger context of government regulation, the Joint Office functions as both an investigative body and an enforcement body. It identifies possible sources of seepage, determines whether the matter has public health implications, and uses statutory nuisance tools to compel cooperation and remedial works. 

 

The Joint Office’s regulatory function is, however, limited. It is primarily concerned with seepage that may constitute a public health nuisance under the PHMSO. It does not act as a general tribunal for all water seepage disputes between neighbours, nor does it resolve every building defect or private property dispute. The Joint Office does not undertake repair or reinstatement of the affected areas; this remains the civil responsibility of the owners. Where the seepage falls outside the PHMSO framework, the Joint Office may refer the case to other departments or leave the parties to pursue civil remedies. 

 

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