5. Enforcement penalties after the 2025 amendment

5. Enforcement penalties after the 2025 amendment 

The enforcement framework was strengthened by the Public Health and Municipal Services (Amendment) Ordinance 2025, which came into operation on 17 August 2025. The amendments substantially increased the penalties for non-compliance with statutory nuisance requirements. 

For cases received after 17 August 2025, failure to comply with a Nuisance Notice may result in a maximum fine of $25,000, together with a daily fine of $450 for each day the offence continues. This penalty is intended to encourage prompt compliance once the Joint Office has confirmed the source of a health-related nuisance. 

If the matter escalates to a court-issued Nuisance Order, the penalties are higher. Failure to comply with a Nuisance Order may result in a maximum fine of $50,000, plus a daily fine of $600 for each day the non-compliance continues. The increased penalty reflects the seriousness of ignoring a court order after the responsible party has already been given an opportunity to comply through the Nuisance Notice process. 

There are also penalties for obstruction or non-cooperation. A person who fails to comply with a Notice of Intended Entry without reasonable excuse may be fined up to $5,000. This supports the Joint Office’s investigative role by discouraging owners or occupants from blocking access to premises where testing is necessary. 

In addition to criminal fines, the Joint Office may recover examination fees from owners who are confirmed to be responsible for seepage and who have failed to fulfil their maintenance responsibilities. Cost recovery operates as a further regulatory tool, ensuring that public resources spent on investigating privately caused nuisances can be recouped from responsible parties.