New Offences to Combat Misuse of Public Housing

To further address the misuse of public housing resources, Hong Kong’s Housing (Amendment) Ordinance 2025 came into effect on 31 March 2026, establishing new offences for serious tenancy abuse of public housing units (PHU).

The main focus is on introducing new criminal offences for “serious tenancy abuse” under section 28A of the Housing Ordinance (Cap 283). Criminalised acts now include unauthorised letting for profit, occupying such PHUs, or converting PHUs for commercial use while the household no longer resides there. The maximum penalty for the new offence is a $500,000 fine and imprisonment for 1 year.

Along with the new offence, there comes a range of amendments to facilitate enforcement:

• • Under the new section 22A, authorised officers now have enhanced powers to demand identification from suspects present on premises
  • Time limit for the prosecution of related offences has been extended to improve enforcement. These include the declaration of household assets and income typical of the Well-off Tenants Policy or unlawful alienations of land. Prosecution may now be commenced notwithstanding that the offence was committed within 6 years or 1 year after discovery.
  • The defence of reasonable excuse is now provided in statute. Defence for an act or omission may be raised by adducing sufficient evidence. It is for the prosecution to disprove such a defence.

There can be no doubt about the strength of the new amendment. Misusing public housing resources, especially those related to income and asset declarations, will lead to serious consequences.