The issue of legal responsibility for the public-health catastrophe at Amoy Gardens has, to my knowledge, yet to be broached in the public debate over severe acute respiratory syndrome (Sars).
It is clear that many factors converged to create the Amoy mess, but clearly one very important factor was the malfunctioning plumbing in Block E.
A key question for the public should now therefore be: Who is legally responsible for making sure Hong Kong's drains, toilets and other plumbing fixtures are maintained in a manner to assure the public health?
In the case of rental properties, according to the Hong Kong standard lease agreement, it is each individual tenant, not the landlord (as it is in many countries) who would appear to be responsible.
The agreement reads in pertinent part: '14. The tenant is solely responsible for the repair of ... bathroom fittings, pipings, drains, etc. during the continuance of this tenancy'. I see no reference here to what the maintenance standard should actually be.
I, for one, as a tenant living under this legal regime, have absolutely no idea what I am actually required to do, and I suspect most other tenants find themselves in the same situation.