4. Statutory nuisance under the Public Health and Municipal Services Ordinance

4. Statutory nuisance under the Public Health and Municipal Services Ordinance

The Joint Office’s main enforcement powers derive from the Public Health and Municipal Services Ordinance (Cap. 132). These powers are aimed at identifying and abating nuisances that affect public health. The statutory nuisance regime gives the Joint Office tools to compel cooperation, require repair, and escalate non-compliance to the courts. 

Notification Letter 

The Notification Letter is the first practical tool under the 2026 new procedures, although it operates as an administrative precursor rather than the final statutory enforcement step. It is issued where Stage I findings suggest that the seepage is sufficiently serious and likely to originate from an upper unit, requiring the suspected owner to inspect and repair within 28 days. It encourages early resolution and may avoid the need for full professional investigation. 

Nuisance Notice 

If the water seepage persists after the deadline specified in the Notification Letter, the Joint Office will proceed to more intensive investigations. When the Joint Office’s subsequent investigation confirms the source of seepage and identifies a public health nuisance during Stage II and III, the Joint Office may issue a Nuisance Notice. The notice is served on the person responsible for causing the nuisance and requires that person to abate it within a specified period. In the water seepage context, this usually means carrying out necessary inspection, repair, and maintenance works to stop the seepage. 

Nuisance Order 

Upon the expiry of the Nuisance Notice, the Joint Office will conduct a review and a confirmatory test as necessary. If the recipient fails to comply with the Nuisance Notice, the Joint Office may escalate the matter by applying to the court for a Nuisance Order. A Nuisance Order is a court-backed order requiring abatement of the nuisance. It represents a stronger enforcement step because non-compliance is no longer merely a failure to comply with an administrative notice; it becomes a failure to comply with a court order.