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

27. 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 25.
(2) If the Authority requires a person attending a hearing before the Authority 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

28. Hearing before disciplinary committee
If a matter is heard by the disciplinary committee under section 24, sections 25, 26 and 27, with necessary modifications, apply to the committee as they apply to the Authority.

29. Summons
A summons under section 25(1)(b)—
(a) must be in the specified form; and
(b) must be signed—
(i) if the matter is heard by the Authority, by the Chairperson; or
(ii) if the matter is heard by the disciplinary committee, by the chairperson of the committee.

30. Offences relating to disciplinary hearing
(1) A person commits an offence if—
(a) the person, at a hearing under section 24, 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 25(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.

31. Effect of revocation or suspension of licences
A revocation or suspension of a licence under section 25(7)(a) or 26(1)(e) or (f) does not operate—
(a) to avoid or affect an agreement, transaction or arrangement entered into by the licensee whether the agreement, transaction or arrangement was entered into before or after the revocation or suspension; or
(b) to affect a right, obligation or liability arising under the agreement, transaction or arrangement.

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

32. Immunity
(1) A person who, in connection with an investigation under section 18, gives evidence to the Authority or an investigator appointed under section 20 has the same privileges and immunities as the person would have if the investigation were civil proceedings in the Court of First Instance.
(2) In subsection (1), the reference to the giving of evidence includes a reference to providing any information or document, giving any answer, response, explanation or particular, and making any statement.

33. Appeal panel
(1) For hearing appeals under this Part, the Secretary must appoint a panel of individuals consisting of 1 chairperson and 11 other members.
(2) A member of the Authority is not eligible for appointment under subsection (1).

34. Appeals against decisions etc.
(1) A person aggrieved by any of the following matters may lodge an appeal against the matter—
(a) a decision not to issue or renew a licence;
(b) a decision to impose conditions on a licence or renewed licence;
(c) a decision regarding the period for which a licence is issued or renewed;
(d) a finding made at a hearing under section 24;
(e) an order made under section 25(7)(a) or 26(1) or (2) by the Authority or the disciplinary committee.
(2) A person who wishes to appeal against a matter under subsection (1) must lodge a notice in writing with the Secretary—
(a) for a matter that falls within subsection (1)(a), (b) or (c), within 21 days after receiving notice of the decision;
(b) for a matter that falls within subsection (1)(d), within 21 days after the finding is made; or
(c) for a matter that falls within subsection (1)(e), within 21 days after receiving notice of the order.

35. Appeal tribunal
As soon as practicable after a notice of appeal has been lodged under section 34, the chairperson of the panel appointed under section 33(1) must appoint from the panel an appeal tribunal consisting of the following persons to hear the appeal—
(a) 1 individual as the chairperson of the tribunal; and
(b) 2 individuals as the other members of the tribunal.

36. Date, time and place of hearing
The chairperson of an appeal tribunal must—
(a) fix the date, time and place for the hearing of the appeal so that the hearing can commence as soon as practicable; and
(b) not later than 28 days before the date so fixed, give the parties to the appeal a notice of the date, time and place so fixed in the form the chairperson determines.

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

37. Hearing before appeal tribunal
(1) An appeal tribunal has the following powers when hearing an appeal—
(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 tribunal’s opinion, the witness has reasonably incurred because of the witness’s attendance.
(2) Subject to subsection (3), the hearing is to be held in public.
(3) After consulting the parties to the appeal, the chairperson of the tribunal may, on application by any of the parties, by order direct that the hearing, or any part of the hearing, be held in private.
(4) If the chairperson of the tribunal makes an order under subsection (3), the chairperson 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.
(5) For the purposes of subsection (3), the chairperson of the tribunal must take into account the views or private interests of the parties to the appeal, including any claims as to privilege.
(6) If a person fails to comply with an order made under subsection (4), the chairperson of the tribunal—
(a) for a person who is a licensee, may make any of the orders described in section 26(1)(a), (b), (e) and (f) against the person; or
(b) for a person who is not a licensee, may give the person a public reprimand.
(7) A party to the hearing—
(a) may, subject to any order made by the chairperson of the tribunal, be present at the hearing; and
(b) may participate—
(i) in person;
(ii) through a legal representative; or
(iii) with the consent of the chairperson of the tribunal, through any other person.
(8) For the purposes of subsection (7)(b)(i), a company is to be regarded as participating in person if it participates through any of its directors.
(9) Subject to other provisions of this section and any regulation made under section 39, the chairperson of the tribunal may conduct the hearing in any manner the chairperson considers appropriate.