### Building Management Ordinance 《建築物管理條例》

40D. Powers of building management agent appointed following order of tribunal
(1) A building management agent appointed under section 40C may carry on any activity or business relating to the management of a building, including without limitation, any activity or business of the description mentioned in Schedule 7 in relation to the activities or business of a manager. (Amended 5 of 2007 s. 62)
(2) An order made under section 40C may direct that a building management agent appointed under section 40C(2)(b) shall hold his appointment for a fixed period on such terms and conditions as to remuneration and expenses or otherwise in respect of the carrying on by him of any activity or business relating to the management of the building as the tribunal shall think fit and specify in the order and the remuneration and expenses of the building management agent as so specified shall be a debt due to him from the owners in accordance with their respective shares at the time that that remuneration and those expenses are payable.
(Added 69 of 2000 s. 19)

### Building Management Ordinance 《建築物管理條例》

41. Power to make regulations
The Chief Executive in Council may make regulations for any of the following matters— (Amended 34 of 1999 s. 3)
(a) the fees payable in respect of the registration or filing of any documents submitted to the Land Registrar under this Ordinance; (Amended 8 of 1993 s. 3)
(b) the fees payable for the inspection or copying of any document so registered or filed;
(c) the fees payable for the issue of any certificate under this Ordinance;
(ca) the effecting of policies of insurance in respect of third party risks and against fire and other risks by corporations with insurance companies and the conditions and requirements which are to apply in respect of those policies, including without limitation—
(i) the conditions and requirements in respect of policies which are binding on corporations; (Amended 5 of 2007 s. 24)
(ii) the conditions and requirements in respect of policies which are binding on insurance companies;
(iii) the conditions to policies which are to be void and of no effect;
(iv) the duty of insurance companies to satisfy judgments against corporations in respect of third party risks; (Amended 5 of 2007 s. 24)
(v) (Repealed 5 of 2007 s. 24)(vi) the effect of the insolvency or winding up of a corporation in respect of claims by third parties; (Amended 5 of 2007 s. 24)
(vii) the avoidance of the imposition by insurance companies of restrictions on the scope of policies covering third party risks;
(viii) the conditions and requirements as to the minimum amount of insurance cover;
(ix) the conditions and requirements as to the system of accounts to be kept and the returns to be furnished by insurance companies;
(x) the obligations of third parties; (Added 69 of 2000 s. 20)
(xi) the avoidance of any arrangements, agreements or understandings, or parts thereof, made or reached in respect of the liability of corporations towards third parties; (Added 5 of 2007 s. 24)
(d) prescribing anything which is to be or may be prescribed under this Ordinance;
(e) the better carrying out of the purposes of this Ordinance.

### Building Management Ordinance 《建築物管理條例》

42. Power to amend Schedules
(1) The Chief Executive may, by order published in the Gazette, amend the Schedules other than Schedules 7 and 9.
(2) The Chief Executive in Council may, by order published in the Gazette, amend Schedule 7.
(3) The Authority may, by order published in the Gazette, amend Schedule 9.
(Replaced 27 of 1993 s. 35. Amended 34 of 1999 s. 3; 5 of 2007 s. 63)

43. Saving of owner’s rights
Nothing in this Ordinance shall prevent an owner from selling, assigning, mortgaging, charging, leasing or otherwise disposing of or dealing with his share.
(Amended 27 of 1993 s. 42)

44. Codes of Practice
(1) The Authority may from time to time prepare, revise and issue Codes of Practice giving guidance and direction as to—
(a) the procurement of supplies, goods and services required by a corporation including such procurement by invitation to tender and the tender procedure in respect thereof;
(b) the standards and practices of management and safety that are to be observed and followed by a corporation including standards and practices relating to—
(i) building management;
(ii) building safety;
(iii) fire safety;
(iv) slope safety;
(v) lifts and escalators; and
(vi) utilities and other installations in the common parts of a building. (Replaced 69 of 2000 s. 21)
(2) A failure on the part of any person to observe any Code of Practice issued under subsection (1) shall not of itself render that person liable to criminal proceedings of any kind but any such failure may, in any proceedings whether civil or criminal including proceedings for an offence under this Ordinance, be relied upon as tending to establish or to negative any liability which is in question in those proceedings.
(Added 27 of 1993 s. 36)

### Medical Clinics (Forms) Regulations 《診療所(表格)規例》

1. Citation
These regulations may be cited as the Medical Clinics (Forms) Regulations.

2. Register of clinics
The register of clinics required to be kept under section 4 of the Ordinance shall be in Form 1 in the Schedule.

3. Certificate of registration
Certificates of registration under section 5 of the Ordinance shall be in Form 2 or 3 in the Schedule, as the circumstances of each case may require.

### Medical Clinics Ordinance 《診療所條例》

1. Short title
This Ordinance may be cited as the Medical Clinics Ordinance.

### Medical Clinics Ordinance 《診療所條例》

3. Appointment of Registrar
For the purposes of this Ordinance, there shall be a Registrar of Clinics who shall be the Director of Health.
(Amended L.N. 76 of 1989)

4. Register of clinics
(1) The Registrar shall cause a register of clinics to be kept in such form as shall be prescribed containing names and addresses and such other particulars as may be prescribed of applicants who have been registered.
(2) The Registrar shall be responsible for the maintenance and custody of the register of clinics.
(3) The Registrar shall cause to be published in the Gazette—
(a) as soon as may be after 1 January of every year a list of clinics registered under section 5 and of clinics exempted under section 8; and
(b) notification of any exemption granted or cancellation thereof under section 8 or any cancellation of registration under section 10.
(4) A certificate purporting to be under the hand of the Registrar that a clinic is registered or is not registered or is exempted or is not exempted shall be evidence of the facts set out therein until the contrary is proved.