House Rules

House Rules and Regulations of The Orchards

Preface

The Rule of Law is an essential pillar of our society. However, we do not want to have too many laws or to be harassed by harsh law. Particularly, in a small community like the Orchards we do not wish to be bothered by many rules and regulations. What we want is a peaceful and quiet environment that we can enjoy our properties in our estate. We try to avoid any antagonism or hostility in our small community. If there are differences among us, we try to settle them peacefully, amicably and amiably.

Our estate, the Orchards stands on that piece of land known as the Remaining Portion of Inland Lot No. 8397. It has 442 residential units and 144 carparking spaces which are governed and regulated by the Deed of Mutual Covenant and Management Agreement (Mem. No. 9104427) and the House Rules and Regulations.

There are altogether 18 sets of Rules and Regulations. Generally, they can be divided into two categories as found in the List of Rules and Regulations following: those related to recreational facilities and those miscellaneous.

The amended Rules and Regulations contained herein are not new. They are generally the same as the existing ones. The work we have undertaken is to weed out any inconsistency or conflict, avoid redundancy, rationalize all procedures and fees and update them to meet new challenges. This work is not the work of a single person but the joint effort of all members of the Sub-committee formed by the13th Owners’ Committee. The Sub-Committee consists of the following members:

(1) Mr. Chan Fong Fat, Method (O.C. Chairman)
(2) Mr. Chan Cheuk, Christopher (O.C. Secretary) appointed as convener of the Sub-Committee
(3) Ms. Tong Siu Ling, Ata (O.C. member)
(4) Ms. Cheung Mei Mei, May (a member of the 13th O.C.)
(5) Mr. Mars Tsang (Assistant Estate Manager) and
(6) a Resident Services Officer

The Sub-Committee has held 22 meetings and has reviewed all the existing 18 House Rules and Regulations. The amended House Rules and Regulations were presented to the O.C. and were passed on 20th September 2019. The amended Rules and Regulations will come into effect on 1st January 2020.

Anyone who resides in or enters the estate has to follow the terms of the Deed of Mutual Covenant and to abide by the House Rules and Regulations herein contained. The terms of the Deed of Mutual Covenant cannot be changed except by law or by a resolution in a General Meeting of all owners.

House Rules and Regulations can be revoked or amended from time to time by the Manager with the approval of the Owners’ Committee pursuant to Clause 41(a) of the Deed of Mutual Covenant. If there is any conflict between the two documents, the latter shall prevail.

The Owners’ Committee wishes to express their special gratitude to the following members Mr. Chan Fong Fat, Method, Mr. Chan Cheuk, Christopher, Ms. Tong Siu Ling, Ata and Mr. Mars Tsang who have unfailingly attended all the meetings and wholeheartedly participated in all discussions for improving the existing Rules and Regulations.

The 14th Owners’ Committee
20th September 2019
 

List of Rules and Regulations

**Those facilities need to be booked in advance and to pay charges for use
*The facility needs to pay charges for use



 

1. House Rules & Regulations


The House Rules and Regulations shall mean the 18 sets of rules and regulations contained herein and all the other rules and regulations contained in this Handbook. They are laid down by the Manager with the approval of the Owners’ Committee in accordance with the provisions of the Deed of Mutual Covenant. Such rules are bound by law.

In this Handbook the following expressions shall have the following meanings where the context otherwise permits or requires:

“DMC” the Deed of Mutual Covenant and Management Agreement registered in the Land Registry by Memorial No. 9104427
“the Estate” the Orchards situate at 3 Greig Road, Quarry Bay, Hong Kong
“the Manager” Swire Homes Management Ltd or any other person appointed in accordance of the terms of the DMC including its agents and employees
“MSO” Management Services Office including the Control Room on the Ground Floor
“Owners’ Committee” the owners’ committee for the time being duly elected in accordance with the provisions of DMC

The other terms and expressions shall have the same meaning as contained in the DMC.

Words importing the singular number shall include the plural number and vice versa, and words importing the masculine, feminine or neuter gender shall include the others of them and word importing person shall include corporations and rules shall include regulations and vice versa.

In case of any discrepancies between the rules and regulations on one part and the DMC on the other, the latter shall prevail.

1. Building Exterior

(a) To maintain an attractive and uniform exterior of the building, owners shall not make any alterations or additions to any part of the exterior or common areas that may affect the external appearance.

(b) Erection of cages, shades, awnings, aerials, drying racks, drainage or other pipework and any other projections or structures extending outside the building, including advertising signs or any form of signboard, is not permitted.

2. Metal Gate/Window Grille Installation

(a) No owners shall permit to erect, affix, install or attach any metal grille or shutter or gate in or on or at the door or doors or entrance or entrances of any part of the Estate.

(b) Standard design of window grille will, upon request, be provided by the MSO to residents.

3. Entrance Door Lighting
All corridors, lift lobbies and common areas in the buildings have been provided with sufficient lighting for your safety. Residents shall not install extra lighting fixtures in these areas, as this would spoil the uniform standard of appearance.
4. Advertising Signs

(a) No owners shall erect, affix or install any advertising or other signs on the external walls of any units or posting of any advertising poster.

(b) Residents may not bring and advertise any advertising materials into the common areas of the Estate, or conduct any classes or similar activities without the permission of the Manager.

5. Air-Conditioner Installation & Maintenance
No owners shall install any air-conditioning units or any part of them through the windows or external wall of the buildings. Owners shall install air-conditioning units at the designated places of their premises and shall keep and maintain the units in good repair and condition at their own costs and expenses.
6. Private TV/Radio Aerial Installation
No owners shall erect any private aerial on the exterior of any part of the Estate.
7. Laundry
No owner shall use any part of the glass panel at the balcony of his/her unit, or any part of the common areas for the purpose of drying or hanging laundry.
8. Fire Passage

(a) No partitioning shall be erected or installed in any part of the Estate, which blocks the fire exits or hinders the access thereto.

(b) No owners shall obstruct or hinder the access to the Roof above 49th Floor or Refuge Floors of each tower (i.e. the Sky Gardens on 17/F & 32/F)

9. Obstruction in Common Areas
Owners/residents shall not obstruct or store or leave any articles in common areas (including baby carriages, bicycles, shoes and the like). Such articles may be removed by the Manager without prior notice and the cost of removal will be charged to the owners or residents concerned.
10. Garbage Disposal
To maintain a hygienic environment, residents should wrap their household refuse in properly sealed plastic bags which should be disposed of at the place designated by the Management Services Office.
11. Keeping of Pets
According to the DMC, keeping of pets is not permitted except with the prior written consent of the Manager. There are Pet Rules governing the application for consent and keeping of pets.
12. Shrines
The setting up of shrines at door entrances or in common areas is not permitted. No burning of joss sticks or offerings is allowed in these places except at places designated by the Manager.
13. Use of Premises
No owners shall use or permit or suffer the part of the Estate owned by him to be used for any immoral, commercial, the performance of Buddhist ceremony known as “Da Jai” ( except Da Jai with the approval of the Manager) or illegal purposes.
14. Insurance
The Manager will arrange a master insurance plan for the original building fabric, fittings and finishes of the whole development including common areas.
15. Dangerous and Prohibited Goods Storage
No owners or residents shall store or be permitted to store any hazardous, dangerous, explosive or combustible goods or materials in their units except such as may be reasonably required for the purpose of domestic cooking and heating.
16. Visitors’ Behavior

(a) Any person in the Estate shall behave in accordance with the normal dictates of the society.

(b) A resident or guest shall not behave in an inconsiderate manner towards other persons in the common areas of the Estate.

(c) Any person in the Estate shall not use obscene, profane, indecent or course language anywhere within the common areas of the Estate.

Owners are fully responsible for all the acts, negligence or default of residents of their premises or such persons visiting or occupying their premises with their consent, whether expressed or implied.

17. Nuisance
Owners shall not permit any acts in their premises or the common areas which may be or become a nuisance or a cause of annoyance or disturbance or inconvenience to any other owners or residents of the Estate.
18. Repair and Maintenance
All owners/residents are required to maintain and keep the interior of their premises in good and tenantable state or repair.
19. Pest Control
The Manager will arrange pest control services for the common areas and owners/residents are advised to do likewise in their units.
20. Landscaped Gardens
Every effort will be made to ensure that a pleasant and green environment is maintained at all times. No one is allowed to step on the two grass lawns except for the purposes of upkeeping and maintenance.
21. No Smoking, Alcohol and Gambling
Smoking, consumption of alcohol and gambling are strictly prohibited in the common areas.
22. No Feeding of Animals
No feeding of animals of any kind is allowed in the common areas.
23. No operation of Drones
Operation of drone, flying of model plane or any other similar device in common areas is not allowed.
24. Instruments and other Chattels
All instruments, equipment, furniture, articles and other chattels found with and/or in any facility should after use be returned and installed in their original state and position.
25. Risks
Residents and their guests use the recreational facilities at their own risks. The Manager shall not be liable to any accident or injury occurring to any resident or guests of the resident within the Estate.
26. Responsibility for damage
The user and the resident allowing such user shall be fully responsible for full compensation for the damage of any instrument, equipment, furniture, articles and other chattels caused by the user or resident.
27. Exclusion of Liability
The Manager shall not be held liable for any loss or damage of personal property, acts, consequences or injuries to any person arising from any use or misuse of any facility.
28. Residents’ responsibility for Guest
Residents shall be responsible for any conduct, acts, default, negligence or omission by themselves or their guests and also for full compensation of any damage or harm caused by themselves or their guests.
29. Complaints
A resident who wishes to complain about any matter may contact the MSO. Any decision concerning a complaint made by the Manager or its agent shall be final.
30. Illegal tapping or use
Illegal tapping or use of public electricity provision, water supply, Communal Aerial Broadcast Distribution or other common facilities is strictly prohibited.
31. Manager’s Power
The Manager’s employees are empowered to expel from the estate any person whose conduct causes nuisance, annoyance, disturbance or inconvenience to other users.
32. Amendment
The Manager reserves the right to add, amend and revoke any rule or regulation with the approval of the Owners’ Committee in accordance with the provision of the DMC.
33. Incorporation into other rules
These House Rules and Regulations contained herein shall be automatically incorporated into the other rules and regulations following whether recreational or otherwise and shall form part and parcel of those rules and regulations.


 

List of Rules and Regulations

2. General Rules for Recreational Facilities


  1. (a) All the recreational facilities in the Orchards are for the use and enjoyment by the residents and their bona fide guests.
  2. (b) In using any recreational facility a guest must be accompanied by the relevant resident concerned who must be physically present at all times.
  3. (c) The number of guests are allowed dependent on each particular facility.
  4. (d) Nonpayment of the management fees may disqualify a resident and the relevant guest from booking and/or using any recreational facility.
  5. Residents shall first need to apply for Resident Cards; only valid Resident Card holders are entitled to use the recreational facilities.
  6. Certain facilities and services are available to residents upon booking and payment of the appropriate fees in advance. The fees are subject to change at the discretion of the Manager with the approval of the Owners’ Committee.
  7. The recreational facilities will be open to residents and their accompanied guests at such hours of operation as set out in the List of Opening Hours subject to changes made by the Manager with the approval of the Owners’ Committee except in cases of necessity or emergency.
  8. A resident or the accompanied guest of a resident must observe all the rules of the Estate at all times while he/she is within the Estate area.
  9. Any infringement of the rules of the Estate will be noted by the Manager and, if proven, the relevant resident is liable to suspension or termination of the right of the resident to use any recreational facility.
  10. Any person under the age of 16 years when using the facilities shall be accompanied by an adult resident who will be responsible for his conduct and whereabouts.
  11. No resident shall bring or permit to be brought any dog or pet of any description into any part of the recreational facility.
  12. No bicycles, roller-blades, portable scooters, skate-boards, rollers or similar devices are allowed within the areas of the recreational facilities.
  13. Photo-shooting and video shooting are prohibited within the areas of recreational facilities except with the approval of the Manager.
  14. Coaching services recognized or appointed coaches may be permitted at such times and on such conditions as the Manager may determine.
  15. No private coaching or tuition of any kind may be given by any person at any time except those approved by the Manager.
  16. The Manager may at its absolute discretion, close any area for repair, special event, climatic conditions or any other necessary reason at any time without prior notice.
  17. The Manager reserves the rights to arrange booking of the recreational facilities for tournaments, matches, coaching sessions or activity/events for the benefit of residents.
  18. These Rules shall apply to all rules and regulations under Recreational Provisions.


 

3. Booking Rules of Recreation Facilities


  1. Booking in advance may be made by telephone or in person from 8.00 a.m. to 10.00 p.m. on any day.
  2. Bookings may be made within FOUR weeks of the event in advance.
  3. Bookings must be confirmed by payment in full of the prescribed appropriate fees as confirmation within the following stipulated periods:
    1. For any booking of 2 days or more in advance, within 2 days following the booking; and
    2. For any other booking, forthwith at the time of the booking.
  4. Any fee paid as confirmation in any event is not refundable.
  5. Each residential unit may book a maximum of two (2) facilities of four (4) hours each on any particular day unless otherwise specified.
  6. Resident shall present the booking receipt to the Management Services Office (“MSO”) staff for verification before using the facility.
  7. If the resident who has booked the facility does not turn up and use the facility within 10 minutes of commencement of the period for which it was booked, MSO may treat the booking as cancelled and the period may be re-allocated to other resident in waiting, if any. No fee shall be refunded because of the cancellation irrespective to whether the period is used by other resident or not.
  8. Any resident who fails to vacate and deliver up possession of the facility to MSO within 15 minutes after the booked period has to pay a fee for the extra time.
  9. A resident may extend the time of use of the facility after the booked period by paying extra appropriate fee at the beginning of the booked period subject to availability.
  10. The MSO reserves the right to re-schedule any booking because of necessity.

Opening Time and Fees of Different Facilities

Facilities require Booking Opening Time Fees
Aromatherapy 08:00-22:00 $15/half hour
Audio-Visual/Game Room 08:00-22:00 Monday to Friday:
$35/half hour
Saturday, Sunday & Public Holiday:
$50/half hour
Billiard Room 08:00-22:00 $15/half hour
Music Room 08:00-22:00 $25/half hour
Special Package: $450/10hours
Table Tennis/Multi-purpose 08:00-22:00 Table Tennis
Monday to Friday:
$12.5/half hour
Saturday, Sunday & Public Holiday:
$20/half hour
Multi-purpose
Monday to Friday:
$25/half hour
Saturday, Sunday & Public Holiday:
$40/half hour
Not require Booking
Children’s Play Room 07:00-22:00 Free
Gymnasium 07:00-22:30 Free
Reading Room 07:00-22:00 Free
Sauna Rooms & Changing Room 07:00-22:20 Free
Swimming Pool & Jacuzzi 07:00-12:30 (1st Session)
13:30-18:00 (2nd Session)
19:00-21:15 (3rd Session)
Children Ticket: $10
Adult Ticket: $20
Visitor Ticket: $50

Monthly Ticket:
1 month : $200
3 months: $500
5 months: $700

*2 people buy at the same time: 10% off
*3 people buy at the same time: 20% off
Start from the 4th person buy at the same time: 30% off
 

Other Services

Lamination A4 - $2 , A3 - $4
Scanning / Fax Per 10 pages / $5
Copy A4 - $1 , A3 - $2
Colour Copy A4 - $2 , A3 - $4


 

4. Aromatherapy Room


  1. The Aromatherapy Room will be open to residents and guests accompanied by them during normal operating hours as may from time to time be determined by the Management Services Office. Prior booking is required. Please refer to Rules for Booking.
  2. It follows the rule of first-come-first-served.
  3. No food is allowed to be brought into the room at any time.
  4. Residents may retain their own masseurs or therapists and shall be responsible for their conduct and act.
  5. House Rules & Regulations as well as General Rules of Recreational Facilities form part and parcel of the Rules herein contained. House Rules & Regulations and the General Rules for Recreational Facilities have been distributed to all owners and residents and are also available for inspection at MSO.


 

5. Audio & Visual / Games Room Rules


  1. The operating hours of the Function Room with audio and visual facilities (“the Room”) will be such times as may from time to time be determined by the Management Services Office (“MSO”).
  2. Users must keep the Room clean and tidy at all time.
  3. The maximum time for party that a resident may book the room is 4 hours on any particular day.
  4. The maximum capacity of the room is FORTY (40) persons.
  5. House Rules & Regulations as well as General Rules of Recreational Facilities form part and parcel of the Rules herein contained. House Rules & Regulations and the General Rules for Recreational Facilities have been distributed to all owners and residents and are also available for inspection at MSO.


 

6. Billiard / Mahjon / Card Room Rules


  1. The operating hours of the Billiard/Mahjong/Card Room (“the Room”) will be such times as may from time to time be determined by the Management Services Office (“MSO”).
  2. The maximum time for party purposes that a resident may book the room is 4 hours or such other period of time as the MSO may decide with reference to the circumstances on any particular day.
  3. No person under the age of 18 is permitted to enter the room unless accompanied by an adult resident who will be responsible for any damage caused or the conduct of that person/persons.
  4. The maximum capacity of the room is FIFTEEN (15) persons at any one time.
  5. All billiard shots must be played with at least one foot on the floor.
  6. Users of the room shall not cause any disturbance, nuisance or annoyance to other users of the same floor.
  7. The resident who has booked the Room shall be liable for any damage done to the Room and any article supplied during his/her booking period.
  8. House Rules & Regulations as well as General Rules of Recreational Facilities form part and parcel of the Rules herein contained. House Rules & Regulations and the General Rules for Recreational Facilities have been distributed to all owners and residents and are also available for inspection at MSO.


 

7. Children’s Play Room


  1. 1. The Children's Play Room will be open to residents and guests accompanied by them during normal operating hours as determined by the Management Services Office from time to time.
  2. 2. Children must be accompanied by a responsible adult at all times. Under no circumstances are young children to be left unattended in this room.
  3. 3. All persons entering the room should remove their shoes.
  4. 4. No food and drinks are to be consumed in the Play Room.
  5. 5. The Play Room is to be kept clean and tidy at all times.
  6. 6. Any personal property left behind in the Play Room will be removed by the MSO.
  7. 7. The MSO may close the Play Room for the holding of special classes and activities, general cleaning, and repair as and when required.
  8. 8. House Rules & Regulations as well as General Rules of Recreational Facilities form part and parcel of the Rules herein contained. House Rules & Regulations and the General Rules for Recreational Facilities have been distributed to all owners and residents and are also available for inspection at MSO.


 

8. Gymnasium


  1. (a) The gymnasium will be open to residents and their accompanied guests (limited to 1 accompanied guest for each resident at a time) during normal operating hours as from time to time determined by the Management Services Office (“MSO”).
    (b) Residents have priority right to use the gymnasium over the accompanied guests.
  2. Children under the age of 16 are not allowed to enter or use the gymnasium at any time.
  3. Residents must wear full sports attire and shoes in the gymnasium. Clothing worn in the gymnasium should be without rivets, buckles or protruding buttons.
  4. No food is allowed to be brought into the gymnasium at any time.
  5. No private training may be given by any person to any residents without specific permission from the MSO.
  6. All users should handle and use the machines, apparatus and equipment in proper, safe and appropriate manner acceptable to the resident instructor.
  7. All apparatus and equipment including gymnastic carpets should be used only inside the gymnastic room and restored to their respective original position after use.
  8. All users should keep the machines, apparatus, equipment and the gymnasium clean and tidy.
  9. Every user should be considerate and conscientious of other users’ rights. The gymnasium etiquette and manner should be observed. In case of dispute the resident instructor has the final say and in his absence any MSO staff.
  10. The resident instructor and in his absence the MSO employees are empowered to expel any resident from the gymnasium who violates any conditions contained herein, or who disregards their instructions.
  11. House Rules & Regulations as well as General Rules of Recreational Facilities form part and parcel of the Rules herein contained. House Rules & Regulations and the General Rules for Recreational Facilities have been distributed to all owners and residents and are also available for inspection at MSO.


 

9. Music Room


  1. The music room will be open to residents and guests accompanied by them during normal operating hours as may from time to time be determined by the Management Services Office. Prior booking is required. Please refer to Rules for Booking.
  2. It follows the rule of first-come-first-served.
  3. No food is allowed to be brought into the room at any time.
  4. All musical instruments, equipment and furniture should be returned and stalled in their original position after use.
  5. House Rules & Regulations as well as General Rules for Recreational Facilities form part and parcel of the Rules herein contained. House Rules & Regulations and the General Rules for Recreational Facilities have been distributed to all owners and residents and are also available for inspection at MSO.


 

10. Reading Room


  1. The reading room will be open to residents and guests accompanied by them during normal operating hours as from time to time determined by the MSO.
  2. Residents are advised to keep the reading room clean and tidy at all times.
  3. Silence in the reading room should be observed all the time.
  4. Playing within the room is not permitted.
  5. All books, magazines, newspapers, video discs and all other articles should be returned and installed in its original position after use.
  6. No reservation of seats is allowed. The principle of first-come-first-served is observed.
  7. No food or drink shall be taken into the reading room.
  8. Every resident should be considerate and conscientious of other users’ rights. In case of dispute the MSO staff has the final say.
  9. House Rules & Regulations as well as General Rules for Recreational Facilities form part and parcel of the Rules herein contained. House Rules & Regulations and the General Rules for Recreational Facilities have been distributed to all owners and residents and are also available for inspection at MSO.


 

11. Sky Garden


  1. The Sky Gardens are provided as refuge floors for escape in case of emergency but also used by the residents for enjoyment and relaxation during normal times.
  2. Users are responsible to keep this facility clean and tidy during their usage.
  3. Users should not create excessive noise or cause any disturbance, nuisance or annoyance to other residents of the estate.
  4. Children in this area must be accompanied by a responsible adult.
  5. No resident shall bring any pets to the sky gardens.
  6. No bicycles, roller-blades, portable scooters, skate-boards, rollers or similar devices are allowed to be played in this area.
  7. No playing of balls, drones, model aeroplanes or a remote control play toys is allowed.
  8. MSO staff members are empowered to expel any person whose conduct causes any disturbance, nuisance or annoyance to other residents.
  9. All persons use the Sky Gardens at their own risk. The manager shall accept no liability for any injury, damage, death or loss arising from usage of the Sky Gardens.
  10. House Rules & Regulations as well as General Rules for Recreational Facilities form part and parcel of the Rules herein contained. House Rules & Regulations and the General Rules for Recreational Facilities have been distributed to all owners and residents and are also available for inspection at MSO.


 

12. Sauna Room Rules


  1. The sauna rooms will be open to residents only during the normal operating hours (“the operating hours”) as from time to time determined by the Management Services Office.
  2. Maximum capacity for each sauna room is FOUR (4) persons.
  3. All control panels for sauna will be operated by the MSO. The temperature of the sauna will be adjusted to suit the requirement of individual person, and if more than one which is an even number by drawing lot and if it is odd number by following the majority wish. Should there be any dispute the MSO staff shall have the final say to determine the right temperature for any particular time.
  4. All users must shower prior to entering the saunas.
  5. Users are advised to use the sauna with another person(s) and not to use the sauna alone.
  6. Persons under the age of 16 are not permitted to use the sauna at any time unless accompanied by an adult resident.
  7. Elderly persons, pregnant women and those suffering from heart disease, diabetes, high or low blood pressure or any other disease not suitable for sauna treatment should not use the sauna.
  8. Users with any skin ailment or contagious disease are not allowed to use the sauna.
  9. Do not use the sauna while under the influence of alcohol or drugs.
  10. The maximum usage time of sauna is recommended to be around 10-15 minutes.
  11. The alarm device is for emergency use only and in any event not to be tampered.
  12. All persons using the saunas are at their own risk.
  13. House Rules & Regulations as well as General Rules for Recreational Facilities form part and parcel of the Rules herein contained. House Rules & Regulations and the General Rules for Recreational Facilities have been distributed to all owners and residents and are also available for inspection at MSO.


 

13. Swimming Pool


Admission

  1. The use of the swimming pool facilities is restricted to residents and their guests only. They are not allowed to enter unless with valid ticket or monthly pass with valid resident cards.
  2. No advance booking is required. The maximum capacity of the pool is 91 persons.  The principle of first-come-first-served is followed.
  3. Tickets and monthly passes are non-refundable. Tickets and monthly passes are available at the Management Services Office or Security Control Centre.  Tickets and monthly passes are valid for the year of purchase only.
  4. Resident cards/guest passes must be available for inspection upon entering the pool area. Failure to produce such identity or registering may result in entry being denied.
  5. Children under the age of 3 or under the height of 1 meter are free to use the pool but must be accompanied by adult resident.
  6. Children under 12 years of age are not allowed to swim or to remain in the pool area when a resident specifically responsible for their welfare is not in attendance.
  7. Residents will accompany their guests at all times while they are in the pool area.
  8. Persons suffering from any skin ailments or contagious diseases are not permitted to enter the pool area including the swimming pool and the Jacuzzi.
 

Opening Time

  1. The swimming pool will be open for use at such times as may be determined by the MSO.
  2. In order to ensure that the majority of residents shall have unrestricted access to the swimming pool area at all opening time, the MSO may, during peak periods, limit the number of guests that can be brought by a resident.
  3. Opening of the swimming pool area will be suspended on occurrence of any of the following incidents:
    1. Issue by Hong Kong Observatory of Thunderstorm warning which indicates that Quarry Bay or it’s vicinity may be affected;
    2. Issue by Hong Kong Observatory of Amber, Red or Black Rainstorm Warning Signal which indicate that Quarry Bay or Its vicinity may be affected;
    3. Strong wind, Gale or Storm Signal No.3 or above being hoisted in Hong Kong; and
    4. Any kind of inclement weather that may affect the safety of pool user.
 

Entry

  1. All persons using the pool and the Jacuzzi must use the showers and go through the footbath prior to entering the pool or the Jacuzzi.
  2. Pool users may wear slippers and sandals while they are within the pool area.
 

Children

  1. Under no circumstances may children be left unattended without an adult resident in the pool area.
  2. The children pool is strictly reserved for younger children.
  3. Rubber rings, hand boards, flotation wings or any other swimming devices for beginners are permitted.
 

Articles

  1. Flippers, snorkels, water pistols, diving masks or surfboards, or large flotation aids are not permitted.
  2. With the exception of baby food, no food is permitted within the pool area.
  3. No push-chairs or prams are allowed in the pool area.
  4. Use of audio, photograph or video devices is prohibited unless it does not cause any disturbance, annoyance or nuisance to other pool users and does not infringe other person’s legal right.
 

Behavior

  1. Nudity, indecent exposure or any act below commonly accepted moral standard is prohibited.
  2. No dressing and undressing is permitted in the pool area. Topless sunbathing is prohibited except for male users.
  3. Horseplay, splash bombing, or diving from the sides is not permitted.
  4. Throwing of balls, Frisbees, coins or any other objects is not allowed within the pool area.
  5. No pushing or running is allowed around the pool.
  6. Playing of boisterous games is forbidden.
  7. No persons shall remove, relocate or use any life-saving equipment installed in the pool except in case of emergency.
  8. Do not use the swimming pool or the Jacuzzi while under the influence of alcohol or drug.
  9. Applying aromatic oil, massage oil, menthol oil and sauna salt is prohibited in the Jacuzzi.
 

Jacuzzi

  1. Temperature of the Jacuzzi will be adjusted to suit the majority of users.
  2. All control panels for Jacuzzi will be operated by The Orchards staff only.
  3. Children under the age of 12 are not permitted to use the Jacuzzi at any time.
  4. Children above the age of 12 and under 16may use the Jacuzzi only when accompanied by an adult.
 

Class

  1. From time to time Management Services Office organizes swimming lessons.
  2. No private swimming tuition by professional instructor shall be given except with the consent of Management Services Office.
  3. The primary duty of a lifeguard is to ensure the safety of pool users.
  4. Lifeguards are empowered to enforce the Swimming Pool Rules herein contained and have power to suspend the use of the pool in case of special circumstances.
  5. Lifeguards are empowered to expel from the pool area any person whose conducts in their professional opinion may endanger his/her own or any other users’ safety.
 

House Rules

  1. House Rules & Regulations as well as General Rules for Recreational Facilities form part and parcel of the Rules herein contained. House Rules & Regulations and the General Rules for Recreational Facilities have been distributed to all owners and residents and are also available for inspection at MSO.


 

14. Table Tennis/Multi-Purpose Room Rules


  1. The operating hours of the Table Tennis/Multi-Purpose Room will be such times as may from time to time be determined by the Management Services Office (“MSO”).
  2. This room may be used for holding of private functions or recreational activities but in any event no consumption of food or drink is allowed in the room. The maximum capacity is THIRTY(30) persons.
  3. No damage should be caused to any part of the room or any of the communal property. Only non-marking shoes are permitted.
  4. Audio or visual devices may be used provided that such usage does not cause any disturbance, nuisance or annoyance to other users on the same floor.
  5. (a) The maximum time for party that a resident may book the room is 4 hours on any particular day.
    (b)  The maximum time for table tennis that a resident may book is 2 hours on any particular day.
    (c) Each unit is entitled to book one session only for party or table tennis on any particular day unless the MSO considers that day falls within the low utilization period.
  6. House Rules & Regulations as well as General Rules for Recreational Facilities form part and parcel of the Rules herein contained. House Rules & Regulations and the General Rules for Recreational Facilities have been distributed to all owners and residents and are also available for inspection at MSO.


 

Miscellaneous Provisions

15. Car Parking Rules


In these rules the following expressions shall have the following meanings except the context otherwise permits or requires:-

  1. Definitions
    “Car Park” means all the ground, 1st and 2nd floor of the Estate where the car parking spaces are located and also includes all driveways, walkways and other spaces on those floors.
    “Car Parking Space” means the space allocated and designated for car parking by owner or resident of a flat unit in the Estate.
    “User” means a person who uses the carpark facilities.
    “Valid Access Card” means an access card issued by MSO for access to the Car Park on application by the Car Parking Space owner who has to register the registration number of the vehicle using the designated Car Parking Space owned by him Provided that any owner can register only one car for his Car Parking Space at any one time.
  2. Any User must be an owner of a car parking space or a resident in the Estate or his agent. Any person who is not a User is not allowed to enter or stay in the Car Park except accompanied by a User.
  3. Any Car Parking Space shall not be left to or used for any purpose by any person who is not residing at the estate.
  4. Any vehicle without a Valid Access Cardis not allowed to enter the Car Park or to park at any car parking space.
  5. Any person or vehicle in the car park has to observe and comply with these Rules and the lawful direction of MSO staff.
  6. All Users must observe the traffic signs and signals in the Car Park.
  7. Every vehicle must be parked at the Car parking Space, to which the ValidAccess Card relates, and at no other space.
  8. No vehicle shall stay or be left in any area in the Car Park other than its designated Car parking Space.
  9. No vehicle or User shall cause any obstruction or blockade to any access road or passage, or any inconvenience or annoyance to any other person. 11. No one shall use or park in the Car Park any vehicle which is, or is likely to be, in such condition as to cause any danger or hazard to any other person or vehicle or which carries any dangerous or offensive goods or articles.
  10. The Estate road and the Car Park shall not be used as a venue to learn driving.
  11. The Car Parking Space shall be used for car parking purpose and shall not be used as a storage space or for any other purpose.
  12. Speed of any vehicle shall not exceed 8 km per hour within the Car Park.
  13. No loitering is allowed in the Car Park.
  14. No one shall wash or clean vehicle in the Car Park except with the permission of the MSO and also as directed by MSO.
  15. Loading or unloading shall be carried out without causing any inconvenience, obstruction or hindrance to other person.
  16. No maintenance or repair work shall be carried out in the Car Park except in case of emergency or necessity and with the permission of MSO.
  17. Any driver and any vehicle in the Car Park must have the relevant valid licenses issued by the Transport Department, HKSAR.
  18. All Users must follow and observe the Road Traffic Ordinance (Cap.374) and its subsidiary legislations.
  19. Any person driving vehicle into the Estate without a Valid Access Card but with a legitimate reason shall be registered at the main entrance of the Estate and park his vehicle at such space as the MSO staff shall direct. Before leaving the Estate he shall have to pay such administrative fee as prescribed by the Owners’ Committee.
  20. The Manager may tow away and/or impound any vehicle parked in the Car Park without a Valid Car Permit or any vehicle causing obstruction or being in contravention any of these Rules. The vehicle shall not be released unless after payment of the prescribed administrative fees.
  21. The Manager on behalf of the Estate and/or all owners reserves the right to claim compensation against any User which has caused any damage or loss to this Car Park.
  22. Provided that the Manager has diligently carried out its duties including its duty of care, any User shall park his vehicle or car at his own risk. The Manager, its staff or its agent shall in no circumstances be liable to any User or any other person whomsoever in respect of any loss or damage or injury to property or person sustained by the User or any other person in the Car Park including but not limited to damage to or theft of the User’s car or anything therein or thereof Provided that this clause shall not be construed as relieving the Manager from liability for breach of any of its obligations or duties or under Unconscionable Contract Ordinance.(Cap 458).
  23. These Rules are subject to the terms, conditions, provisions and covenants of the Government Lease as modified by the Modification Letter relating to the Estate and the Deed of Mutual Covenant registered in the Land Registry by Memorial No. 9104427.
  24. House Rules & Regulations form part and parcel of the Rules herein contained.  House Rules & Regulations have been distributed to all owners and residents and are also available for inspection at MSO.


 

16. Decoration Works Rules


  1. Owners are free to carry out any construction/decoration work as they wish but subject to the observance of Hong Kong legislations (including but not limited to the Buildings Ordinance Cap. 123), the provisions of the Deed of Mutual Covenant of the Orchards (“the Estate”) and these Rules.
  2. Unauthorized contractors, workmen or persons are not allowed to enter into the Estate or to carry out any construction/decoration work in the Estate.
  3. An owner who intends to carry out any construction/decoration work (“the Owner”) has to apply for and obtain a certificate to commence work at least three(3) working days in advance (day of application and day of approval excluded)from the Management Services Office (“MSO”) and pay the administrative fees and a deposit (“the Deposit”) as prescribed by the Owners’ Committee to secure the observance of these Rules.
  4. Contractors, workers and any other persons who intend to enter the Estate must apply for entry permits at the Control Room of the Main Entrance on the east side of the Estate. Such permits must be carried by all contractors, workmen and persons at all times in the Estate and they shall return them to the Control Room while leaving the Estate.
  5. Such certificate/permission to work can be suspended, revoked or cancelled by MSO at any time on reasonable ground.
  6. The Owner has to appoint a foreman to be responsible, answerable and in charge of all the works and causes such foreman to be registered with the MSO.
  7. The main contractors are responsible for the control of their sub-contractors and their workmen while in the Estate.
  8. Works must be carried out with care and safety without causing any inconvenience, annoyance or nuisance to other residents. Malodourous smell or excessive noise must be avoided.
  9. Fire hazard must also be avoided. All works must be carried out inside the premises. The front doors must be closed during the course of work to prevent nuisance and annoyance to neighbors.  No work is allowed to be carried out in the common areas.
  10. Cargo lifts are to be used in accordance with the direction of the Manager and passenger lifts are not to be used for transportation of tools, equipment and materials. Special care must be taken to avoid damage to any property and any common area or common facility.
  11. Any construction/decoration work including any alteration to wall has to be carried out in accordance with the Buildings Ordinance (Cap. 123) and to obtain the approval of the relevant authority, if necessary.
  12. Before commencement of work, all proposed alterations relating to walls, service systems or common facilities must obtain the approval of the Manager and the relevant statutory authority, if necessary.
  13. The relocation and/or repairing of door phone, communal antenna socket, drainage, sewage, water pipe or anything that may affect the common areas or common facilities have to be carried out at the expenses of the owner by a contractor nominated by the Manager and/or with the approval of the Manager.
  14. No debris shall be left in the corridor, staircase or any other common area. All debris must be removed immediately and properly out of the Estate to the designated refuse collection points. Waste separation rooms are not to be used for dumping.
  15. Construction/decoration work is restricted to the following hours:
    (a) Mondays to Fridays 9.00 a.m. to 5 .00 p.m.
    (b) Saturdays, Sundays and Public Holidays No construction/decoration work
    The above restriction will be strictly enforced.
  16. Upon completion of the construction/decoration work and compliance of all provisions of the DMC and these Rules and conditions contained/imposed at commencement of work, the owner is entitled to refund of the Deposit without interest. If damage has been found to have been done to any common area or facility, the owner is liable for rectification of the same and no Deposit shall be released until the same has been rectified. If the owner fails to rectify any damage done, the Manager may employ another contractor to repair and reinstate the damaged at the expenses of the owner and may claim against the owner for compensation and damages.
  17. The owner and/or the contractor shall take out all relevant insurance policies and produce the same for inspection by MSO when required.
  18. The owner shall be responsible for any compensation, damages, loss, costs, demand, action or proceeding in respect of any damage or injury arising out of, relation to or in connection with any work carried out or to be carried out in the premises concerned and shall indemnify and keep the Manager and all other owners indemnified of the same.
  19. The Manager shall not be responsible for any damages, compensation, loss, costs, demand, action or proceeding in respect of any damage or injury arising out of, relation to or in connection with any work carried out or to be carried out in the premises concerned.
  20. The Owners’ Committee reserves all the right to make such alteration or amendment to these Rules in accordance with the Deed of Mutual Covenant of the Estate.
  21. House Rules & Regulations form part and parcel of the Rules herein contained. House Rules & Regulations have been distributed to all owners and residents and are also available for inspection at MSO.


 

17. Household Repair Service Rules


  1. Any resident who intends to use the Household Repair Work Service (“the Resident”) has to make an appointment with the Control Room which will make an appointment in accordance with the workload of the in-house technicians.
  2. The services will be limited to those services on the specified list with corresponding costs..
  3. The service is restricted to the time specified below:
  4. Monday to Friday from 10:00 a.m. to 4:00 p.m. except in case of emergency.
  5. The maintenance and repair of common facilities will take priority over Household Repair Work Service appointment.  The resident will be duly informed of any cancellation because of this.
  6. The Manager shall not be responsible for any damages, compensation, loss, costs, demand, action or proceeding in respect of any damage or injury arising out of, relation to or in connection with any work carried out or to be carried out in the premises concerned.
  7. The Owners’ Committee reserves all the right to make such alteration or amendment to these Rules in accordance with the DMC.
  8. House Rules & Regulations form part and parcel of the Rules herein contained.  House Rules & Regulations have been distributed to all owners and residents and are also available for inspection at MSO.


 

18. Pet Rules


As stipulated in Clause 18 of The Third Schedule, Covenants and Restrictions of The DMC, ''No dogs, cats or pets or other animals or live poultry shall be kept or harbored in any Unit or any part thereof save and except with the prior written consent of the Manager."

Should residents want to keep dogs, cats, or any other kinds of pets in their flats, they(“pet owners”) must make the request in writing to the Manager at the Management Services Office. If permission and consent are granted, the pet owners are required to follow, observe and perform the following Pet Rules:-

  1. The permission and consent are granted for keeping of that kind of pet as specified in the application. The conditions are subject to review as circumstances arise.  Pet owners must inform the Manager of any change in the number or type of pet.  They must make a fresh application for any additional number or change in type of pet.
  2. Pets will not be permitted to stay or travel in any common area except the purpose of access to and from owners' units. Except on occasions as stated in Rule 3 below, pets must use the service lifts. Pet owners must use leash, muzzle, mask or such other safety measures to carry their pets (e.g. by carrying in pet bags) to ensure the safety of other users of the lift.
  3. At the time when the service lifts are not available for pet owners’ use, pet owners may carry their pets to use the passenger lifts while the same safety measures as set out in 2 above apply.
  4. Pets are not allowed to foul any part of The Orchards including the common areas. Pet owners are responsible for the cleanup of the area that has been fouled.
  5. Pets should not cause nuisance or annoyance to other residents.
  6. Fighting dogs such as Pit Bull Terrier, Dogo Argentino, Fila Braziliero and Japanese Tosa as well as their cross breeds are not permitted to be kept in The Orchards.
  7. Pet owners must take proper care of their pets. Medical checks and vaccinations have to be carried out, if necessary, and hygiene must always be maintained.
    1. If a pet owner is alleged to have violated any provision of these Rules or the Manager has received a complaint, the following procedure will be followed:
      1. The Manager makes the initial investigation and enquiry, and reports back to the Owners’ Committee (“OC”). The OC will decide whether there is a prima facie case.
      2. If there is no prima facie case, the alleged violation or the complaint is dismissed.
      3. If it is decided that there is a prima facie case, the OC will invite both the complainant and the pet owner to address the OC with or without any witness or evidence in support of their respective cases. In case of alleged violation, the Manager can be the complainant.
      4. The OC has to make a decision on the matter in one of the following manners:
        A. If the alleged violation is proved or the complaint is justified, a warning letter has to be issued.
        B. If the alleged violation is not proved or the complaint is found not to be justified, the alleged violation or the complaint is dismissed as the case may be.
        C. If the OC finds the matter should be resolved in an amicable way, it will resolve that the parties should mediate.
        D. If the OC finds that the matter involved is beyond its ability to decide because of difficult point of law and/or very complicated facts, the OC will express no view on the matter but without prejudice to the parties taking any further action
    2. When a pet owner has received three (3) warning letters relating to three respective separate incidents, the Manager may revoke the pet owner’s permission and consent to keep pet in the estate.
  8. Pet owners are advised to comply with all relevant regulations as the Government may impose from time to time.
  9. House Rules & Regulations form part and parcel of the Rules herein contained. House Rules & Regulations have been distributed to all owners and residents and are also available for inspection at MSO.