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Following is a question by the Hon Mrs Regina Ip and a written reply by the Secretary for Food and Health, Dr York Chow, in the Legislative Council today (April 21):
Question:
The leaflet of "Maintain Your Air-conditioner to Prevent Nuisances and Related Diseases" on the website of the Food and Environmental Hygiene Department (FEHD) points out that under the Public Health and Municipal Services Ordinance (Cap. 132), a person shall be guilty of an offence if he allows his ventilating system to emit hot air or to discharge water in such a manner as to be a nuisance. The penalty is $10,000 and a daily fine of $200. As stipulated in section 12(1)(g) of Cap. 132, the emission of air either above or below the temperature of the external air from the ventilating system in any premises in such a manner as to be a nuisance shall be a nuisance which may be dealt with summarily. Some members of the public have told me that they had complained to FEHD about nuisances caused by hot air emitted from air-conditioners. However, its staff pointed out that FEHD would request the persons concerned to abate the nuisances only when the temperature of the hot air emitted from the air-conditioners was higher than that of the external air by more than 2 degrees Celsius. In this connection, will the Government inform this Council:
(a) of the criteria based on which the authorities use the 2 degrees Celsius temperature difference as the yardstick for determining whether or not the air emitted from ventilating systems constitutes a harmful nuisance;
(b) given that some members of the public who are affected by such nuisances have pointed out that the minimum temperature difference which can be read by the detection devices used by frontline government departments is only 0.5 degree Celsius, how such departments deal with cases of the temperature difference being slightly higher than 2 degrees Celsius (such as 2.2 degrees Celsius) but less than 2.5 degrees Celsius;
(c) whether such departments have issued guidelines requiring their staff to conduct examinations only after the air-conditioners suspected to be the source of nuisances have been turned on for some time so that the level of nuisances can be determined more accurately, and whether they have provided guidelines on the location for measuring the level of nuisances; and
(d) given that some members of the public have pointed out that at present, when FEHD handles complaints about water dripping from air-conditioners, so long as water is found to have dripped or to be dripping from the air-conditioners concerned, it will follow up with the owners or tenants concerned in accordance with Cap. 132 regardless of the quantity of water dripping, of the reasons and justifications for handling complaints about emission of hot air and dripping water from air-conditioners in different manners?
Reply:
President,
(a) Section 12(1)(g) of the Public Health and Municipal Services Ordinance (Cap. 132) specifies that the Food and Environmental Hygiene Department (FEHD) may deal with the emission of air either above or below the temperature of the external air from the ventilating system in any premises in such a manner as to be a nuisance summarily pursuant to Section 127 of the same Ordinance. However, the Ordinance does not define a standard on what level of hot air generated from the operation of an air-conditioner would constitute a nuisance. As the feelings and reactions towards hot air vary from one person to another, there is at present no scientific and objective standard available to determine what level of hot air emitted from an air-conditioner would constitute a nuisance. The FEHD continues to adopt the 2 degrees Celsius temperature difference laid down by the former Urban Services Department as an indicator for actions to handle complaints.
(b) At present, the staff of FEHD uses electronic digital thermometers to investigate complaints against emission of hot air from air-conditioners. The unit of measurement and temperature reading of electronic thermometers are set at 0.1 degree Celsius. As such, it is not accurate to say that the minimum temperature difference which can be read by the detection devices used by the FEHD is 0.5 degree Celsius.
(c) During the investigation process, FEHD staff will, based on the information provided by the complainant including the operational condition and time of the air-conditioner alleged to be the source of nuisance, enter the complainant's flat and measure the temperature difference at the affected place caused by the air-conditioner in question when it is in operation. If the temperature of the hot air emitted from the air-conditioner causes the air of the complainant's flat to rise by more than 2 degrees Celsius, the FEHD will issue a "Nuisance Notice" to the owner/tenant of the premises installed with the air-conditioner, requiring the owner/tenant to abate the nuisance within a specified period of time. For cases where the temperature difference is less than 2 degrees Celsius, the FEHD will also advise the persons concerned to adopt measures appropriate to the circumstances of individual cases to reduce possible nuisance caused to the complainants. Such measures may include installing devices to adjust the direction of hot air emission from the air-conditioner.
(d) The nature of nuisances caused by water dripping from air-conditioners is different from that caused by hot air emitted from air-conditioners, and therefore the standards adopted by the FEHD in handling various types of nuisance are different accordingly. Water dripping from air-conditioners, regardless of the dripping volume, causes nuisance to others directly. For instance, dripping would wet passers-by, and water dripping onto the canopy or air-conditioner hood downstairs would cause noise nuisance. In the light of this, when the FEHD handles complaints concerning water dripping, it will, pursuant to Section 127 of the Public Health and Municipal Services Ordinance, issue a "Nuisance Notice" to the owner concerned once it finds that an air-conditioner under complaint causes nuisance to the public as a result of water dripping during its normal operation.
Ends/Wednesday, April 21, 2010
Issued at HKT 17:43
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