Tag Archives: China

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Eight landlords of subdivided units under regulated tenancies convicted of contravening relevant statutory requirements

     Eight landlords of subdivided units (SDUs) who contravened Part IVA of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) (the Ordinance) pleaded guilty and were fined a total of $26,300 today (January 5) at the Eastern Magistrates’ Courts.  Since the Ordinance has come into force, a total of 87 SDU landlords have been convicted of contravening the Ordinance.
 
     The offences of these landlords include (1) failing to submit a Notice of Tenancy (Form AR2) to the Commissioner of Rating and Valuation within 60 days after the term of the regulated tenancy commenced; (2) failing to produce copies of the bills and provide an account in writing when requiring the tenants to pay for the reimbursement of the apportioned water and/or electricity charges; (3) requesting the tenant to pay money other than the types permitted under the Ordinance; and (4) failing to provide the tenant with a rent receipt. One of the landlords who contravened a total of nine offences under (1), (2) and (4) above was fined $6,700.
 
     The Rating and Valuation Department (RVD) earlier discovered that the landlords failed to comply with the relevant requirements under the Ordinance. Upon an in-depth investigation and evidence collection, the RVD prosecuted against the landlords.
 
     A spokesman for the RVD hopes that these convictions will send a strong message to SDU landlords that they must comply with the relevant requirements under the Ordinance, and also remind SDU tenants of their rights under the Ordinance. He also stresses that the RVD will continue to take resolute enforcement action against any contraventions of the Ordinance. Apart from following up on reported cases, the RVD has been adopting a multipronged approach to proactively identify, investigate and follow up on cases concerning landlords who are suspected of contravening the Ordinance. In particular, the RVD has been requiring landlords of regulated tenancies to provide information and reference documents of their tenancies for checking whether the landlords concerned have complied with the requirements of the Ordinance. If a landlord, without reasonable excuse, refuses to provide the relevant information or neglects the RVD’s request, the landlord commits an offence and is liable to a fine at level 3 ($10,000) and to imprisonment for three months. Depending on the actual circumstances and having regard to the information and evidence collected, the RVD will take appropriate actions on individual cases, including instigating prosecutions against suspected contravention of the Ordinance.
 
     The RVD spokesman appeals to members of the public to come forward and report to the RVD promptly any suspected cases of contravening the relevant requirements. This would help curb illegal acts as soon as possible. Reporting can be made through the telephone hotline (2150 8303), by email (enquiries@rvd.gov.hk), by fax (2116 4920), by post (15/F, Cheung Sha Wan Government Offices, 303 Cheung Sha Wan Road, Kowloon), or in person (visiting the Tenancy Services Section office of the RVD at Room 3816-22, 38/F, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong, and please call 2150 8303 to make an appointment). Furthermore, the RVD has provided a form (Form AR4) (www.rvd.gov.hk/doc/en/forms/ar4.pdf) on its website to facilitate SDU tenants’ reporting to the RVD.
 
     The RVD reminds that pursuant to the Ordinance, a regulated cycle of regulated tenancies is to comprise two consecutive regulated tenancies (i.e. the first-term tenancy and second-term tenancy) for an SDU, and the term of each regulated tenancy is two years. A tenant of a first-term tenancy for an SDU is entitled to be granted a second-term tenancy of the regulated cycle, thus enjoying a total of four years of security of tenure. Since the first batch of regulated tenancies is about to approach their second-term tenancies, the RVD has started a new round of publicity and education work in order to assist SDU landlords and tenants to understand the important matters pertaining to the second-term tenancy, and procedures that need to be followed about two months prior to the commencement of the purported second-term tenancy. In addition, the RVD started to issue letters enclosing relevant information to the concerned landlords and tenants of regulated tenancies by batches, according to the expiry time of their first-term tenancies, to remind them about their respective obligations and rights under the Ordinance.  These landlords and tenants may also visit the dedicated page for the second-term tenancy on the RVD’s website (www.rvd.gov.hk/en/tenancy_matters/second_term_tenancy.html) for the relevant information, including a concise guide, brochures, tutorial videos and frequently asked questions, etc. SDU landlords and tenants are also advised to familiarise themselves with the relevant statutory requirements and maintain close communication regarding the second-term tenancy for handling the matters properly and in a timely manner according to the Ordinance.
 
     For enquiries related to regulated tenancies, please call the telephone hotline (2150 8303) or visit the RVD’s webpage (www.rvd.gov.hk/en/our_services/part_iva.html) for the relevant information.  read more

Eurasian wigeons confirmed positive for H5N1 virus

     Subsequent to announcing on December 22, 2023, that a Eurasian wigeon carcass found in the Hong Kong Wetland Park in Tin Shui Wai and a Eurasian wigeon receiving treatment at the Kadoorie Farm and Botanic Garden (KFBG) preliminarily tested positive for the H5 avian influenza (AI) virus, the Agriculture, Fisheries and Conservation Department (AFCD) confirmed the birds to be positive for the H5N1 AI virus after further laboratory testing, a spokesman for the AFCD said today (January 5). 

     The Eurasian wigeon which received treatment at the KFBG was collected earlier from the Wetland Park and humanely dispatched later. The Eurasian wigeon is a winter visitor mainly found in the Deep Bay area.

     The spokesman noted that cleaning and disinfection has been stepped up at the location where the dead bird was found in the Wetland Park. Notices have also been put up to remind visitors to pay attention to personal hygiene. The Wetland Park will keep a close watch on the situation of birds inside the Park. The KFBG has also stepped up cleaning and disinfection. For the sake of prudence, all birds at a higher infection risk are under quarantine and subject to further testings. The AFCD will continue to closely monitor the situation.

     One chicken farm is respectively situated within 3 kilometres of where the bird carcass was found in the Wetland Park and where the bird was kept at the KFBG. The AFCD has informed the chicken farms concerned and no abnormal mortality or symptoms of avian influenza among the chicken flocks have been found so far. The AFCD will remind poultry farmers to strengthen precautionary and biosecurity measures against AI. Pet bird shop owners and licence holders of bird exhibitions will also be reminded to implement proper precautions against AI.

     The spokesman said that the department will closely monitor poultry farms and the wholesale market to ensure that proper precautions against AI have been taken. The department will continue its wild bird monitoring and surveillance.

     “People should avoid personal contact with wild birds and live poultry and their droppings. They should clean their hands thoroughly after coming into contact with them. The public can call 1823 for AFCD’s follow-up if they come across birds suspected to be sick or dead, including the carcasses of wild birds and poultry,” the spokesman said.

     The Food and Environmental Hygiene Department (FEHD) will continue to be vigilant over live poultry stalls. It will also remind stall operators to maintain good hygiene.

     The Department of Health will keep up its health education to remind the public to maintain strict personal and environmental hygiene to prevent AI.

     The AFCD, the FEHD, the Customs and Excise Department and the Police will strive to deter the illegal importation of poultry and birds into Hong Kong to minimise the risk of AI outbreaks caused by imported poultry and birds that have not gone through inspection and quarantine.

     All relevant government departments will continue to be highly vigilant and strictly enforce preventive measures against AI. Health advice about preventing AI is available on the “Avian Influenza Health Advice” page at www.afcd.gov.hk. read more

Fraudulent website and internet banking login screen related to DBS Bank (Hong Kong) Limited

The following is issued on behalf of the Hong Kong Monetary Authority:

     The Hong Kong Monetary Authority (HKMA) wishes to alert members of the public to a press release issued by DBS Bank (Hong Kong) Limited relating to a fraudulent website and an internet banking login screen, which have been reported to the HKMA. A hyperlink to the press release is available on the HKMA website.

     The HKMA wishes to remind the public that banks will not send SMS or emails with embedded hyperlinks which direct them to the banks’ websites to carry out transactions. They will not ask customers for sensitive personal information, such as login passwords or one-time password, by phone, email or SMS (including via embedded hyperlinks).

     Anyone who has provided his or her personal information, or who has conducted any financial transactions, through or in response to the website or login screen concerned, should contact the bank using the contact information provided in the press release, and report the matter to the Police by contacting the Crime Wing Information Centre of the Hong Kong Police Force at 2860 5012. read more

Lands Department issues 12 pre-sale consents in fourth quarter of 2023

     The Lands Department (LandsD) announced today (January 5) that 12 pre-sale consents for residential developments involving 5 285 residential units were issued in the fourth quarter of 2023.
 
     Details of the above residential developments (three of which being phased developments) with pre-sale consents issued are as follows:
 

Expected year of completion Developments
2024 • One development in Yuen Long (300 units)
• One development in Mid-Levels West (7 units)
2025 • Three phases of a development in Kai Tak (1 305 units)
• One development in Kwun Tong (807 units)
• Two developments in Yuen Long (676 units)
• Two phases of a development in Ho Man Tin (990 units)
• One phase of a development in Wong Chuk Hang (642 units)
2026 • Another phase of the development in Wong Chuk Hang (558 units)

     Taking into account the pre-sale consents issued in the first three quarters in 2023, the LandsD issued a total of 39 pre-sale consents for residential developments involving 21 258 residential units in 2023.
 
     As at December 31, 2023, 23 applications for pre-sale consent for residential developments involving 10 345 residential units were being processed. Details are as follows:
 
Expected year of completion No. of applications No. of residential units involved
2024 6 296
2025 11 6 070
2026 6 3 979

     In addition, three applications for consent to assign involving 976 residential units and one non-residential unit as well as three applications for pre-sale consent for non-residential developments were being processed.

     Members of the public can obtain up-to-date information on consents issued for the past quarter and cases pending approval by visiting the LandsD’s website (www.landsd.gov.hk).

     Intending purchasers are advised to study carefully the details of the development and the sale procedures, through information available from public advertisements, sales brochures and price lists released by the developer, before making a deposit for purchase. The sales brochure for a development also contains a summary of the provisions of the Deed of Mutual Covenant, including information on the common parts, the number of undivided shares assigned to each unit, the term of years for which the manager is appointed, the basis on which the management expenses are shared among the owners of the units, as well as a summary of the provisions of the government land grant, which intending purchasers are recommended to read carefully. read more