Hong Kong’s Housing Authority (HA) has suggested criminalising the abuse of public housing units to enhance the deterrent effect. The proposed maximum penalty would be one year of imprisonment and a fine of HK$500,000.
Speaking on RTHK on Wednesday morning, Cleresa Wong, chair of the subsidised housing committee of the HA, said the authority had planned to amend the Housing Ordinance to criminalise the abuse of public housing, as the law lacked a strong deterrence.
Public housing in Hong Kong. File photo: Tom Grundy/HKFP.
Tenants of public housing units who sublease them to others for money, or use flats for commercial purposes whilst not living there, are considered to be abusing public housing.
Wong said that, according to the Housing Ordinance, the authorities may only terminate the lease of a unit if abuse is identified. But no criminal charges can be brought, such as when tenants provide a false statement.
“The abuse of public housing units is intolerable, [but] the punishment has not been sufficient,” the chair said. She is also a partner at a law firm.
Winnie Ho, secretary for the Housing Bureau, said on Facebook on Tuesday that the government is seeking to outlaw the abuse of public housing units.
A public housing estate in Hong Kong. File Photo: Kyle Lam/HKFP.
Separately, Ho said that authorities cannot currently check the identity details of anyone suspected of violating the Housing Ordinance. The amendment suggests that anyone who is under reasonable suspicion of a violation should have to provide their name, address, contact number and identity documents, where required.
Failure to meet such a requirement could lead to up to six months in jail and a fine of HK$10,000, as suggested by the government.
It was also proposed that the prosecution time for providing false statements, or refusing to furnish information, could be extended to six years after they are committed, or a full year after such crimes are identified.
Secretary for Housing Winnie Ho meets the press on October 26, 2023. Photo: Kyle Lam/HKFP.
Wong said that, according to her understanding, some tenants at public rental units made money at home such as by working as tutors. Such behaviour would not be considered an abuse of public housing resources.
She said that, since the government took office, it had strengthened efforts to combat abuse, with a total of 7,000 units taken back from tenants.
The official added that the recent crackdown led her team to conclude a stronger deterrent was needed: “We now propose these amendments, in the hope of assisting our team to better fulfil our duties and safeguard social resources,” Ho said.
Crackdown on abuse
The government has stepped up efforts to combat “rich tenants” who occupy public housing units, vowing to check the value of tenants’ vehicles and whether they own property in the city, in mainland China or overseas. They called it a necessary initiative because of the limited supply of public housing, with the money saved being invested in building new estates.
Public housing estate Oi Man Estate in Hong Kong. File photo: Kyle Lam/HKFP.
Tenants of public rental units have also been required to report their assets and income more frequently. Residents and property management companies have been encouraged to report abuse.
Since October 2023, property management companies who have made such reports will receive additional points when bidding for future tenders.
From Wednesday, Hongkongers will be eligible for rewards of up to HK$3,000 for reporting neighbours who abuse the public housing system.
