Dear Editor,
The public needs to understand the constraints on a Regional Environmental Health Officer (REHO) under the law.
Section 77 of the Public Health Ordinance, Chapter 145 states the conditions that constitute a nuisance; noise nuisance is not mentioned. I shall deal with two of the conditions since these are relevant due to weather conditions: firstly premises of such construction or in a state to be a nuisance or injurious to health; and secondly, any animal (including birds) kept so as to be a nuisance or injurious to health.
Having identified the nuisance, a notice is served giving a time limit to abate same; if the defaulter fails to comply, complaints and summonses are prepared signed by the Chairman of the NDC. They are then filed at the Magistrate’s Court for the magistrate to sign same and fix a date for trial. The above process takes weeks to complete.
Should the defendant plead not guilty the trial may take up to six months. However, the real issue lies with the fines and penalties. Currently, the magistrate cannot direct the execution of any works of which the probable cost exceeds $15,600, or impose a penalty of more than $1,560 on anyone on whom the order is made. The penalty for default must not exceed $195.00 per day. Most nuisances cannot be abated with $15,560. Should the defendant decide to be wicked he or she can then pay the fine which is meagre, and pay $195.00 per day to have the complainant continue suffering. This is as far as the REHO can go.
Under Section 88 a complaint may be made to a magistrate by any person aggrieved; however, the fines and penalty are the same as if the REHO takes a defendant to court.
A glimmer of hope to abate any nuisance lies with the NDC under section 89: “Any Local Sanitary Authority, N.D.C., if in its opinion summary proceedings will not afford an adequate remedy, may cause proceedings to be taken against any person in the Supreme Court to enforce the abatement or prohibition of a nuisance.” Further, under Section 90(2) the NDC with the approval of the central Board of Health, apply by motion to the Supreme Court in its Civil Jurisdiction for an order on the owner or occupier to abate the nuisance.
The above was brought to the attention to several NDCs within Region 6 before I retired as REHO in 2005. However to date nothing has been done. The law can be applied to remedy any environmental health condition, but the fines and penalties stipulated are ridiculous in this day and age.
Yours faithfully,
R Sukhu
REHO on contract
