Criminalizing serious housing abuse proposed

Stacy Shi

The Housing Authority has proposed to criminalize serious abuse of public rental housing - with a maximum penalty of HK$500,000 and one-year imprisonment - to increase the deterrent effect, authority sources said.

Serious abuse refers to subletting of units for financial gain or tenants utilizing the flats for commercial activities without residing in them.

Sources added that people facilitating the subletting, such as housing agents and subtenants, will also be liable, although it will not constitute an offense to allow relatives to temporarily stay without charging a fee.

Other proposed amendments include empowering authorized officers to inspect tenants' personal data for suspected abuse and extending the prosecution period of false statements and refusal to supply information. It would be increased from two years within commission of the offense or six months after its discovery to six years and one year respectively.

Cleresa Wong Pie-yue, head of the subsidized housing committee, said it also suggested allocating an extra ballot number for Hongkongers aged under 40 with "white form" status for the purchase of Home Ownership Scheme flats. It would include adding another 1,500 quota slots dedicated to "white form" family and one-person applicants aged below 40 in the second-hand subsidized housing market.

Young applicants must be the owner and cannot transfer ownership after purchasing the unit except in special cases such as permanent emigration from Hong Kong or divorce.

They are also prohibited from adding additional owners and family members except in cases of marriage or childbirth.

Wong said action may be taken under the lease to terminate the tenancy if a tenant breaches other contractual requirements.

"As tenants will have a criminal record once they are convicted, we are reluctant to hastily include a wide range of abuses," she said.

The Housing Authority will consult the Legislative Council's housing panel next month with the goal to submit amendments within the second quarter this year. Implementation is expected in the middle of next year.

Sources added that the amendments will not take effect retroactively and called on tenants engaged in abuse to surrender their flats before legislation is enacted.

"The proposed amendments are still under discussion. The authority will keep an open mind and actively listen to opinions before finalizing the details," she said.

stacy.shi@singtaonewscorp.com

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