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

38. Decision of appeal tribunal
(1) An appeal tribunal hearing an appeal—
(a) may confirm, vary or reverse any decision, finding or order to which the appeal relates; and
(b) may make an order as to the payment of the costs and expenses incurred in relation to the hearing, whether by the tribunal, any party to the hearing, or any person attending the hearing as a witness.
(2) The decision of the tribunal is final.

39. Regulations for hearing of appeals
The Secretary may, by regulation, prescribe the procedures for the hearing of appeals under this Part.

40. Offences relating to appeal
(1) A person commits an offence if—
(a) the person, at a hearing before an appeal tribunal, gives any evidence, or provides any information or document, that is false or misleading in a material particular; and
(b) the person knows that, or is reckless as to whether, the evidence, information or document is false or misleading in a material particular.
(2) A person commits an offence if the person, without reasonable excuse, fails to comply with a summons issued to the person under section 37(1)(b).
(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.

41. Self-incrimination
(1) In this section—
specified act (指明作為) means to give evidence, or to provide information or a document, under section 37.
(2) If an appeal tribunal requires a person attending a hearing before the tribunal as a witness to do a specified act, the person is not excused from doing the act only on the ground that to do so might tend to incriminate the person.
(3) However, if the evidence given, or the information or document provided, by the person (subject matter

42. Establishment of Authority
(1) A body corporate is established with the name “Property Management Services Authority” in English and “物業管理業監管局” in Chinese.
(2) The Authority—
(a) has perpetual succession under its corporate name;
(b) must provide itself with a common seal; and
(c) may sue and be sued in its corporate name.
(3) Schedule 3 (which contains constitutional, administrative and financial provisions) has effect with respect to the Authority.

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

43. Principal functions of Authority
The principal functions of the Authority are—
(a) to regulate and control the provision of property management services by the licensing of property management companies and property management practitioners;
(b) to promote the integrity, competence and professionalism of the profession of property management services; and
(c) to maintain and enhance the status of the profession of property management services.

44. Powers of Authority
The Authority may do anything it considers appropriate for it to do for, or in relation to, the performance of its functions.

45. Authority not servant or agent of Government
The Authority is not a servant or agent of the Government and does not enjoy any status, immunity or privilege of the Government.

46. Immunity from civil liability
(1) A person to whom this subsection applies is not civilly liable for an act done or omitted to be done by the person in good faith—
(a) in performing or purportedly performing a function of the Authority under this Ordinance; or
(b) in exercising or purportedly exercising a power of the Authority under this Ordinance.
(2) Subsection (1) applies to—
(a) a member of the Authority;
(b) a member of a committee of the Authority;
(c) an officer or employee of the Authority; and
(d) a person who is performing any service for the Authority under a contract for services.
(3) Subsection (1) does not affect any liability of the Authority for the act or omission.

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

47. Register of interests
(1) A member of the Authority must disclose to the Authority any interest that the member has which is of a class or description determined by the Authority under subsection (3)—
(a) on the member’s first appointment to the Authority;
(b) at the beginning of each calendar year after the member’s appointment;
(c) on becoming aware of the existence of an interest not previously disclosed under this subsection; and
(d) after any change occurs to an interest previously disclosed under this subsection.
(2) A member of a committee of the Authority who is not also a member of the Authority must disclose to the Authority any interest that the member has which is of a class or description determined by the Authority under subsection (3)—
(a) on the member’s first appointment to the committee;
(b) at the beginning of each calendar year after the member’s appointment;
(c) on becoming aware of the existence of an interest not previously disclosed under this subsection; and
(d) after any change occurs to an interest previously disclosed under this subsection.
(3) For the purposes of subsections (1) and (2), the Authority may—
(a) determine the class or description of the interests required to be disclosed;
(b) determine the details of the interest required to be disclosed and the manner in which the interest is to be disclosed; and
(c) from time to time change any matter determined under paragraph (a) or (b).
(4) The Authority must keep a register relating to any disclosure made under subsection (1) or (2).
(5) If a person makes a disclosure under subsection (1) or (2), the Authority must record the person’s name and the particulars of the disclosure in the register, and if a further disclosure is made, the Authority must record the particulars of the further disclosure in the register.
(6) The Authority must make the register available for inspection free of charge—
(a) at the offices of the Authority during ordinary business hours;
(b) through the Internet or a similar electronic network; and
(c) in any other manner the Authority considers appropriate.
(7) A person may, on payment of the prescribed fee, obtain from the Authority a copy of the whole or a part of the register.
(8) The Authority may, by regulation, prescribe the fees payable for a copy under subsection (7).