### Property Management Services Ordinance 《物業管理服務條例》

22. Offences relating to investigation
(1) A person commits an offence if the person, without reasonable excuse, fails to comply with a requirement of a notice given to the person under section 21(2).
(2) A person commits an offence if—
(a) the person, in purported compliance with a requirement of a notice given to the person under section 21(2), provides any information or document, gives any answer, response, explanation or particular, or makes any statement, that is false or misleading in a material particular; and
(b) the person knows that, or is reckless as to whether, the information, document, answer, response, explanation, particular or statement is false or misleading in a material particular.
(3) A person who commits an offence under subsection (1) or (2) is liable—
(a) on conviction on indictment to a fine of $200,000 and to imprisonment for 1 year; or
(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.

23. Self-incrimination
(1) In this section—
specified act (指明作為) means to provide information or a document, to answer a question, to respond to a written question, or to give an explanation of or further particulars about a document, under section 21.
(2) A person is not excused from doing a specified act only on the ground that to do so might tend to incriminate the person.
(3) If the investigator appointed under section 20 requires a person to do a specified act, the investigator must ensure that the person has first been informed or reminded of the limitations imposed by subsection (4) on the admissibility in evidence of—
(a) the investigator’s requirement; and
(b) the information or document provided, or the answer, response, explanation or particulars given, by the person (subject matter).
(4) If the conditions specified in subsection (5) are satisfied, the investigator’s requirement and the subject matter are not admissible in evidence against the person in criminal proceedings, other than those in which the person is charged with any of the following offences in respect of the subject matter—
(a) an offence under section 22;
(b) an offence under Part V of the Crimes Ordinance (Cap. 200).
(5) The conditions are—
(a) the subject matter might tend to incriminate the person; and
(b) the person so claims before providing or giving the subject matter.

### Property Management Services Ordinance 《物業管理服務條例》

24. Disciplinary hearing
(1) If, at the conclusion of an investigation under section 18, the Authority is satisfied that there is evidence that tends to establish the matter mentioned in section 18(1)(a)(i) or (ii) in respect of a licensee, the Authority may decide that a hearing into the matter should be conducted.
(2) The matter is to be heard by—
(a) the Authority; or
(b) on the Authority’s direction, the disciplinary committee.
(3) The Authority must, as soon as practicable after it decides that a hearing should be conducted, notify the licensee in writing of the decision.

### Property Management Services Ordinance 《物業管理服務條例》

25. Hearing before Authority
(1) The Authority has the following powers when hearing a matter under section 24—
(a) to take evidence on oath;
(b) to summon a person to—
(i) attend the hearing as a witness;
(ii) give evidence; and
(iii) provide any information or document in the person’s possession or under the person’s control that may be relevant to the hearing;
(c) to examine witnesses;
(d) to receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, and whether or not the material would be admissible in civil or criminal proceedings;
(e) to award to a witness the expenses that, in the Authority’s opinion, the witness has reasonably incurred because of the witness’s attendance.
(2) At the hearing, the case against the licensee is to be presented by—
(a) the complainant or the complainant’s legal representative;
(b) the Chief Executive Officer, or any other employee of the Authority appointed by it for the hearing; or
(c) a solicitor or counsel engaged by the Authority.
(3) Subject to subsection (4), the hearing is to be held in public.
(4) After consulting the licensee and the complainant (if any), the Authority may, on application by any of the parties to the hearing, by order direct that the hearing, or any part of the hearing, be held in private.
(5) If the Authority makes an order under subsection (4), it may also by order prohibit or restrict the publication or disclosure by all or any of the persons present at the hearing of—
(a) any evidence given at the hearing; or
(b) any matter contained in any information or document provided or received in evidence at the hearing.
(6) For the purposes of subsection (4), the Authority must take into account the views or private interests of the licensee and of the complainant (if any), including any claims as to privilege.
(7) If a person fails to comply with an order made under subsection (5), the Authority—
(a) for a person who is a licensee, may make any of the orders described in section 26(1) against the person; or
(b) for a person who is not a licensee, may give the person a public reprimand.
(8) A party to the hearing—
(a) may, subject to any order made by the Authority, be present at the hearing; and
(b) may participate—
(i) in person;
(ii) through a legal representative; or
(iii) with the consent of the Authority, through any other person.
(9) For the purposes of subsection (8)(b)(i), a company is to be regarded as participating in person if it participates through any of its directors.
(10) Subject to other provisions of this section, the Authority may conduct the hearing in any manner it considers appropriate.

### Property Management Services Ordinance 《物業管理服務條例》

26. Disciplinary orders
(1) If, at the conclusion of a hearing under section 24, the Authority is satisfied that the matter mentioned in section 18(1)(a)(i) or (ii) is established in respect of a licensee, the Authority may make any of the following orders against the licensee—
(a) an order giving a verbal warning or written reprimand;
(b) an order imposing a penalty not exceeding the amount specified in Schedule 2;
(c) an order imposing a condition on the licence;
(d) an order varying a condition of the licence;
(e) an order suspending the licence for a specified period or until a specified event occurs;
(f) an order revoking the licence.
(2) If the Authority makes an order under subsection (1) against a licensee, it may also order the licensee to pay the costs and expenses incurred in relation to the hearing, whether by the Authority or any person attending the hearing as a witness.
(3) If the Authority makes an order under subsection (1) or (2) against a licensee, it must—
(a) by notice in writing given to the licensee within 21 days beginning on the date on which the order is made—
(i) notify the licensee of the order; and
(ii) give reasons for the order; and
(b) publish notice of the order in the Gazette.
(4) An order made under subsection (1) or (2) takes effect on—
(a) the date of the order; or
(b) if a later date is specified in the order, that later date.
(5) Subsection (4) applies even if—
(a) an application has been made under subsection (6) to revoke, vary or suspend the order;
(b) the licensee has lodged a notice of appeal under section 34 against the order;
(c) the time for lodging the notice of appeal has not expired; or
(d) a notice of the order has not been published in the Gazette.
(6) Subject to subsection (7), the Authority may, of its own volition or on application, by order revoke, vary or suspend an order made under subsection (1) or (2).
(7) Before making an order under subsection (6), the Authority must satisfy itself, so far as it can reasonably do so, that the order would not unfairly prejudice any person.
(8) The penalty, costs and expenses mentioned in subsections (1)(b) and (2) are recoverable as a civil debt.