根據過往的香港法例，例如Lee Kin Shing v Yiu Ming Chung [2004] HKEC 599，受影響的住戶如若懷疑某一單位造成滲水問題，必須透過專業人士證明滲水源頭為該單位；而被懷疑的單位無需證明滲水源頭並非來自自己的單位。證明源頭為該單位後，則可以“滋擾”向該單位業主提吿，索償或強制要求其改善滲水問題。

然而在Cheung Sau Ling v Cheng Lai Chong (CACV 268/1998) 中，證明滲水源頭並不足夠，涉事業主只有在知悉其導致滲水後，仍沒有在合理時間內改善問題才會觸犯滋擾罪。 Tin Kin Ka Clara v Chan Koon Cheong [2015] HKEC 779 則延續了Cheung Sau Ling 一案的判決，原告除了需要證明發生滲水、可疑滲水源頭導致滲水問題，還需證明被告知悉該單位導致滲水，並且沒有在合理的時間內採取修補。

綜上所述，如若發現單位有滲水問題，應首先尋求大廈管理處或相關的專業人士對滲水處進行檢測，確認造成滲水的源頭。發現滲水源頭後，應先通知源頭單位的業主，並要求其立即解決問題；倘若該業主沒有盡快作出改善，則可考慮向其以滋擾罪名提吿。

如有需要，歡迎致電或whatsapp 69776708 林先生預約諮詢及查詢法律諮詢及服務費用。

What should I do about the water leakage issue?

According to past doctrines in Hong Kong, for instance, Lee Kin Shing v Yiu Ming Chung [2004] HKEC 599, if someone spots the emergency of water leakage, he/she has an obligation to identify the source of the leakage and prove that it comes from the suspected unit; the owner of the alleged unit is not obliged to prove the source of leak does not come from him/her. After the plaintiff's valid proof, he/she may claim compensation or apply for an injunction on the ground of nuisance.

However, from Cheung Sau Ling v Cheng Lai Chong (CACV 268/1998), proving the emanation of the leakage is not sufficient to make a claim. The defendant is liable only if he failed to mitigate the problem after his knowledge of the issue. Another case Tin Kin Ka Clara v Chan Koon Cheong [2015] HKEC 779, has further demonstrated the ruling in Cheung Sau Ling case, holding that the plaintiff must show, besides the leakage itself and the issue of causation, that the defendant actually knew the leakage came from his premise and mitigation was not done within a reasonable period of time.

To conclude, if water leakage is discovered in your property, you should first seek help from the property management office or related professionals to examine the leakage situation, as well as to identify the source of the leakage. After that, you should notify the unit owner and ask for remedial actions to be taken as soon as possible. If that owner takes no action, you may consider making a claim against him/her on the ground of nuisance.

Please call or whatsapp Mr Lam at 69776708 for consultation session and fee quote.