Introduction
There is currently no provision in the Waterworks Ordinance (Cap. 102) (WWO) and the Waterworks Regulations (Cap. 102A) (WWR) to empower the Water Authority (WA) to compel the provision of information in relation to suspected water overcharging cases. There is also no provision that requires a person who charges another person for using water to give a receipt and keep a copy of the receipt. It is therefore difficult for the WA to obtain sufficient evidence to support prosecution against the suspect for overcharging for water under the WWO. Also, the existing penalty of the offence is inadequate to achieve the desired deterrent effect.
The Ordinance was gazetted and came into force on 19 April 2024, covering amendments to strengthen the power of the WA in evidence collection and information disclosure, as well as for increasing the penalty level for water overcharging so as to enhance enforcement efficiency and deterrent effect against offenders.
(1) Increase in penalty for overcharging for water Empowering the WA to obtain information and documents
The penalty for water overcharging will be increased from the existing single level of fine at level 3 (maximum HK$10,000) to a two-tier penalty of a fine at level 3 on first conviction and at level 4 (maximum HK$25,000) on subsequent convictions.
The court must order any person convicted of overcharging for water to repay to the payer the overcharged amount.
(2) New offence for providing false or misleading information or documents
Any person who knowingly or recklessly provides any false or misleading information or document to respond to the requirement of the Water Supplies Department shall be guilty of an offence and liable to a fine at level 4 (HK$25,000) and imprisonment for 6 months.
(3) Empowering the Water Supplies Department to obtain information and documents
Any person who, without reasonable excuse, fails to provide information or documents relating to a tenancy or consumption of water as per the requirement of the Water Supplies Department, shall be guilty of an offence and liable to a fine at level 3 (HK$10,000), with a further fine of maximum $1,000 for each day during which the offence continues.
(4) Explicitly state that reimbursement of water charges can only take place after payment is made per the bill issued by the Water Supplies Department
Provision added stating that a person (usually a subdivided unit landlord) can only reimburse water charges from tenants after the person makes payment per the bill issued by the Water Supplies Department.
(5) Mandatory requirement to issue and keep copies of receipts
Any person who, without reasonable excuse, fails to give a receipt to the payer within 7 days after the date of payment and keep a copy of the receipt for 2 years from the date of payment, shall be guilty of an offence and liable to a maximum fine of HK$10,000. The effective date of this requirement (new regulation 47C of the Waterworks Regulations) is 19 July 2024.
(6) Empowering the Water Supplies Department and the Rating and Valuation Department to share information
The Water Supplies Department may disclose information or documents obtained from the investigation of water overcharging cases to the Rating and Valuation Department for follow-up action. The Rating and Valuation Department may also disclose information or documents related to suspected overcharging for water obtained as per the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) to the Water Supplies Department for follow-up action.
The WSD is committed to combating illegal acts through an interdepartmental and multipronged approach. In addition to stepping up interdepartmental joint inspections and improving the application procedures for the installation of separate water meters, publicity and education efforts have also been strengthened, with a view to enhancing the deterrent effect in preventing subdivided unit (SDU) tenants from being overcharged for water by the landlord.
The WSD encourages the public to report any illegal act of overcharging SDU tenants for water to WSD for follow-up and investigation. A WhatsApp hotline 5665 5517 has been set up to handle matters related to water overcharging in SDUs and installation of separate water meters for SDUs. Alternatively, the public can also call the WSD’s Customer Enquiry Hotline 2824 5000 to report water overcharge cases. After calling the hotline and choosing a language, they can press “7” for reporting to staff direct.
Other information relating to overcharging for water
Waterworks (Amendment) Ordinance 2024
Leaflets on “Don't Overcharge Tenants for Water”
Poster on "Don't Overcharge Tenants for Water"
Infographics of combating overcharging tenants for water (Chinese version only)
Sample Receipt for Water Charge
Waterworks Regulations – Guide for collecting water charge from tenants
Video
Say No to Water Overcharging (Chinese Version Only)
Don't Overcharge for Water, Apply Now to Install Meters
Installation of Separate Water Meter for Subdivided Units (Chinese Version Only)
Scheme for Installation of Separate Water Meters for Subdivided Units