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Marking Scheme for Estate Management Enforcement
This scheme was introduced in 2003 as the Marking Scheme for Tenancy Enforcement in Public Housing Estates, focusing initially on environmental cleanliness and hygiene-related misdeeds. It was renamed the Marking Scheme for Estate Management Enforcement in Public Housing Estates in 2006.
The Marking Scheme currently covers 28 misdeeds, each of which carries 3, 5, 7 or 15 penalty points, according to the degree of seriousness. If a PRH / IH household accrues 16 points within two years, its tenancy / licence is liable to termination.
General information on the Marking Scheme can be obtained from the HA’s website and the HA Hotline (2712 2712). Examples of misdeeds include causing a noise nuisance, littering, etc.
Any points allotted under the Marking Scheme are valid for a period of two years from the day the material misdeed is committed. A change of household head or departure of a household member(s) during the two-year period will not lead to early cancellation of the points allotted. For cases where a transfer is arranged due to redevelopment etc., the points accrued to the original tenancy are carried forward to the new tenancy. When households residing in IH move to PRH (e.g. through the General Waiting List), the points accrued in their IH flats are carried forward to their PRH flats. The points that have been cancelled over time are deducted from the household’s total scores.
The tenant and all adult family members are notified of any points allotted and reminded to take immediate action to prevent the offences from happening again. Apart from households affected by involuntary transfers (such as redevelopment), any household carrying points accumulated under the Marking Scheme will be barred from applying for alternative accommodation, better / larger or otherwise, through external or internal transfer.
When 16 valid points have been accrued within two years, the subject tenancy will be liable to termination by the service of a Notice To Quit (NTQ) pursuant to Section 19 & 19A of the Housing Ordinance, Cap. 283. The tenant may lodge an appeal against the NTQ to the Appeal Panel (Section 20 of the Housing Ordinance, Cap. 283).
With effect from 1 January 2006, ex-tenants whose tenancies were terminated by the HA under the Marking Scheme or any other tenancy breach will be barred from applying for PRH through the General Waiting List for two years, starting from the day after the tenancy termination date. The HA will not offer a flat of better quality (in respect of geographical locality, age of building and floor level) to them upon rehousing.