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Big Waster

Environment and Ecology Bureau

Big Waster

| Environment and Ecology Bureau

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The Government has announced to suspend the implementation of municipal solid waste charging. The content retained on this website is based on the prevailing MSW charging scheme being suspended. The information will be updated in due course upon the completion of the review on the scheme.

Property Management, Cleansing and Waste Collection Staff

Legislative Requirements and Penalties

Legislative requirements

Waste producers (i.e., households/ tenants) are the main target to be regulated by the legislation.

Under "charging by designated bags/ designated labels", in order to prevent the cleansing workers from being requested or instructed to assist in the disposal of waste that is not properly wrapped in designated bags or affixed with designated labels (hereinafter referred to as non-compliant waste (NCW)), and to maintain the integrity of the MSW charging regime, the legislation provides the same that such cleansing workers shall not deposit NCW while working at certain enforcement points.

This provision also provides a legal basis for cleansing workers to refuse to accept NCW from households/ tenants.

It constitutes an offence if cleansing staff dispose of NCW at the following enforcement points, or hand it over to the staff of the FEHD's refuse collection points (RCPs) or its contractors, or the drivers or staff of the relevant refuse collection vehicles (RCVs):

FEHD's RCPs

FEHD's bin sites

FEHD or its contractors' RCVs
(including RCVs with or without rear compactors)

Private waste collectors (PWCs)' RCVs with rear compactors

Handling NCW

If the cleansing workers discover NCW from unknown sources at the communal waste reception areas when collecting waste, they may still continue to handle the relevant waste, including collection and depositing it into the refuse chute, and deliver to central refuse collection points, without violating the relevant legislation.

However, after collecting the NCW, the cleansing workers have to properly wrap it in designated bags or affix it with designated labels before it can be disposed of at the above-mentioned enforcement points.

The FEHD, its contractors and PWCs will reject NCW.

Penalties

Any property management company/ cleansing contractor/ cleansing worker who contravenes or causes others to contravene the above-mentioned requirements of the relevant legislation on MSW charging will be subject to a fixed penalty of $1,500 under the Fixed Penalty (Public Cleanliness and Obstruction) Ordinance (Cap. 570). Prosecution by way of summons may also be brought against serious or repeated offenders.

$1,500 each

First conviction
A maximum fine of $25,000 and imprisonment for six months

Subsequent conviction
A maximum fine of $50,000 and imprisonment for six months

Statutory Defences

The main purpose of MSW charging is to regulate waste producers rather than cleansing workers. Cleansing workers do not need to be overly concerned about breaching the law inadvertently because of their work.

It is a statutory defence for a cleansing worker charged with an offence mentioned above to establish that:

(i) the cleansing worker took all reasonable precautions and exercised all due diligence to avoid committing the offence mentioned above;

(ii) the cleansing worker did the act constituting the offence mentioned above at the instruction of his/her employer or was not provided by his/her employer with the necessary means (e.g., designated bags and/or designated labels) for compliance; and the cleansing worker took all steps reasonably open to him/her to avoid committing the offence;

(iii) the cleansing worker did the act / caused/ permitted to be constituting the offence mentioned above in an emergency to avoid danger to the public; and informed the EPD in writing of the act as soon as reasonably practicable;

(iv) the cleansing worker can see from the outer bag of the NCW being handled that the waste inside has been properly wrapped by the individual household/ tenants in designated bags (e.g., because the outer bag is a transparent bag);

(v) the cleansing worker handled the relevant NCW in an honest and reasonable belief that such waste will not be disposed of at a waste disposal facility, based on the fact that such waste is reasonably suitable for recycling or otherwise (e.g., such waste can be reused); or

(vi) the cleansing worker can establish that the relevant NCW escaped from a designated bag that had been damaged or unfastened:
(a) during the compaction by a device for compacting waste; or
(b) when it was deposited into a refuse chute.

Legislative requirements

Waste producers (i.e., households/ tenants) are the main target to be regulated by the legislation.

Under "charging by designated bags/ designated labels", in order to prevent the staff of private waste collectors from being requested or instructed to assist in the disposal of waste that is not properly wrapped in designated bags or affixed with designated labels (hereinafter referred to as non-compliant waste (NCW)), and to maintain the integrity of the MSW charging regime, the legislation provides the same that such staff shall not deposit NCW while working at certain enforcement points.

This provision also provides a legal basis for staff of private waste collectors to refuse to accept NCW from households/ tenants.

It constitutes an offence if staff of private waste collectors dispose of NCW at the following enforcement points:

FEHD's RCPs

FEHD's bin sites

FEHD or its contractors’ RCVs
(including RCVs with or without rear compactors)

Private waste collectors (PWCs)' RCVs with rear compactors

To avoid contravening the abovementioned legislative requirements, staff of private waste collectors should refuse to accept NCW.

It also constitutes an offence if a private waste collector causes or permits its staff to contravene the abovementioned legislative requirements

Penalties

Any private waste collector or its staff who contravenes or causes others to contravene the above-mentioned requirements of the relevant legislation on MSW charging will be subject to a fixed penalty of $1,500 under the Fixed Penalty (Public Cleanliness and Obstruction) Ordinance (Cap. 570). Prosecution by way of summons may also be brought against serious or repeated offenders.

$1,500 each

A maximum fine of $5,000

Statutory Defences

The main purpose of MSW charging is to regulate waste producers rather than staff of private waste collectors. Staff of private waste collectors do not need to be overly concerned about breaching the law inadvertently because of their work.

It is a statutory defence for a staff of private waste collectors charged with an offence mentioned above to establish that：

(i) the staff took all reasonable precautions and exercised all due diligence to avoid committing the offence mentioned above;

(ii) the staff did the act constituting the offence mentioned above at the instruction of his/her employer or was not provided by his/her employer with the necessary means (e.g., designated bags and/or designated labels) for compliance; and the staff took all steps reasonably open to him/her to avoid committing the offence;

(iii) the staff did the act/ caused/ permitted to be constituting the offence mentioned above in an emergency to avoid danger to the public; and informed the EPD in writing of the act as soon as reasonably practicable;

(iv) the staff can see from the outer bag of the NCW being handled that the waste inside has been properly wrapped by the individual household/ tenant in designated bags (e.g., because the outer bag is a transparent bag);

(v) the staff handled the relevant NCW in an honest and reasonable belief that such waste will not be disposed of at a waste disposal facility, based on the fact that such waste is reasonably suitable for recycling or otherwise (e.g., such waste can be reused); or

(vi) the satff can establish that the relevant NCW escaped from a designated bag that had been damaged or unfastened:
(a) during the compaction by a device for compacting waste; or
(b) when it was deposited into a refuse chute.

To facilitate easy identification by the public and the enforcement of MSW charging, refuse collection vehicle (RCV) drivers shall ensure that the prescribed signs are properly exhibited on their RCVs.

Prescribed Signs

(i) Waste Vehicles in Government Service

When providing refuse collection services for the FEHD, drivers of private waste collectors shall ensure that their RCVs (with or without rear compactors) exhibit the prescribed sign of "Waste Vehicle in Government Service" in the manner prescribed by the legislation.

Rectangular prescribed sign of "Waste Vehicle in Government Use"

Circular prescribed sign of "Waste Vehicle in Government Use"

(ii) Waste Vehicles in Private Use

When providing refuse collection services for private premises, drivers of private waste collectors shall ensure that their RCVs with compactors exhibit the prescribed sign of "Waste Vehicles in Private Use (With Compactor)" in the manner prescribed by the legislation.

Rectangular prescribed sign of "Waste Vehicles in Private Use (With Compactor)"

Circular prescribed sign of "Waste Vehicles in Private Use (With Compactor)"

Drivers of private waste collectors are not allowed to exhibit the prescribed signs when the RCV is not a "Waste Vehicle in Government Service" (i.e. providing refuse collection services for the FEHD) nor a "Waste Vehicles in Private Use (With Compactor)" (e.g., RCV without compactor).

It constitutes an offence if the driver of a private waste collector contravenes any of the above provisions. In addition, apart from any person who disposes of the waste, the relevant legislation is also applicable to any person who causes or permits another person to commit the offence, for instance, an employer who instructs a domestic helper to dispose of waste in a non-compliant manner.

In addition, the relevant legislation is also applicable to the driver’s employer if the driver follows the instructions of his employer and commits the offence, or the employer fails to provide the driver with the items required to comply with the relevant regulations (i.e. prescribed signs).

Manner of Display Prescribed by the Law

(i) The sign must be at least 30 cm in height and at least 40 cm in width if it is rectangular in shape. The sign must be at least 35 cm in diameter if it is circular in shape.
(ii) The sign must be:
(a) Exhibited in a conspicuous way on the left and right sides of a "Waste Vehicle in Government Service" or a "Waste Vehicles in Private Use (With Compactor)"; and
(b) Printed in a clearly legible way.

Penalties

Any driver of private waste collector who contravenes the above-mentioned legislative requirements of exhibiting or not exhibiting prescribed signs will be subject to a maximum fine of $25,000.

If an employer instruct his driver of private waste collector to contravene the above-mentioned legislative requirements of exhibiting or not exhibiting prescribed signs, or the employer fails to provide the driver with the items required to comply with the relevant regulations (i.e. prescribed signs), he/she will be subject to a maximum fine of $25,000.

Statutory Defences

It is a statutory defence for a driver of private waste collectors charged with an offence mentioned above to establish that the driver did the act constituting the offence mentioned above at the instruction of his/her employer or was not provided by his/her employer with the necessary means (i.e. prescribed signs) for compliance.

(The content retained on this website is based on the prevailing MSW charging scheme being suspended. The information will be updated in due course upon the completion of the review on the scheme.)

Please contact us if you have any comments/queries on MSW charging.

Telephone：
+852 2838 3111

Email：
[email protected]