### Housing Managers Registration Ordinance 《房屋經理註冊條例》

21. Inquiry committee and rules of conduct
(1) The Board may refer any complaint concerning a disciplinary offence to an inquiry committee for decision, and for that purpose the Board may establish an inquiry committee of not less than 3 members of the Institute to determine whether or not the registered professional housing manager in respect of whom the complaint is made has committed a disciplinary offence.
(2) The Board may make rules providing for the conduct of its inquiries by an inquiry committee and for other matters relating to the investigation of an alleged disciplinary offence.
(3) The inquiry committee shall not proceed to hear evidence of a complaint concerning a disciplinary offence unless the registered professional housing manager in respect of whom the complaint is made is given 28 days’ notice of the complaint and the date, time and place of the hearing.
(4) The registered professional housing manager referred to in subsection (3) shall be entitled to attend and hear all evidence produced at the hearing and may make representations or be represented either by a barrister or a solicitor and shall be provided with a copy of this Ordinance and any rules made under this section.
(5) The Board may make rules for the rehearing of an inquiry by an inquiry committee.
(6) Where a registered professional housing manager is alleged to have committed a disciplinary offence under section 20(1)(b) or (f), the inquiry committee—
(a) shall not be required to inquire whether the registered professional housing manager was properly convicted of the alleged offence; and
(b) may consider any record of the case in which a conviction was recorded and any other evidence which is relevant as showing the nature and gravity of the offence.
(7) The inquiry committee may, in deciding whether a person has committed a disciplinary offence, have regard to any code of professional conduct or practice issued and published by the Board or currently in use by the Institute.

22. Legal adviser
The Board may appoint a legal practitioner admitted under section 3, 4, 27 or 27A of the Legal Practitioners Ordinance (Cap. 159) who holds a valid current practising certificate to advise an inquiry committee and a review committee on any points of law and procedure that arise before, during or after the inquiry.

### Housing Managers Registration Ordinance 《房屋經理註冊條例》

23. Disciplinary order of inquiry committee
(1) Where an inquiry committee finds that a registered professional housing manager committed a disciplinary offence, on confirmation by a review committee of the finding, or on the variation of the finding or any proposed order based on the recommendation of the review committee, the inquiry committee may make any one or more of the following orders—
(a) order the Registrar to remove the name of the registered professional housing manager from the register;
(b) order the Registrar to remove the name of the registered professional housing manager from the register for such period as the inquiry committee may think fit;
(c) reprimand the registered professional housing manager in writing and order the Registrar to record the reprimand on the register;
(d) order that an order made under this section be suspended, subject to such conditions as the inquiry committee may think fit, for a period not exceeding 2 years;
(e) order that the Board shall not accept an application from the registered professional housing manager for registration as a registered professional housing manager either for a fixed period or until the registered professional housing manager satisfies the Board that he should be registered;
(f) order that the Chairman admonish the registered professional housing manager orally;
(g) order the registered professional housing manager to pay all or part of the costs of any of the Registrar, the Board or the inquiry committee arising from the case if, but only if, the inquiry committee is satisfied that in all the circumstances of the case it would be unjust and inequitable not to do so.
(2) Costs payable by virtue of an order under subsection (1)(g) shall be recoverable as a civil debt.
(3) The inquiry committee may—
(a) assess the amount of any costs to be payable by virtue of an order under subsection (1)(g); or
(b) order that those costs be taxed on the basis of any one of the scale of costs specified in Part I of Schedule 1 to Order 62 of the Rules of the District Court (Cap. 336 sub. leg. H), (Amended 25 of 2008 s. 20)
and the Schedules to Order 62 of the Rules of the High Court (Cap. 4 sub. leg. A) shall with all necessary modifications, apply to the taxation and recovery of costs.
(4) For the purposes of this Ordinance (including sections 25 and 28), any assessment or order under subsection (3) shall be deemed to be part of the order under subsection (1)(g) to which it relates.
(5) The inquiry committee shall give an adequate statement of reasons for any assessment or order made under this section.

### Housing Managers Registration Ordinance 《房屋經理註冊條例》

24. Powers in regard to obtaining of evidence and conduct at inquiry
(1) An inquiry committee shall have power—
(a) to hear, receive and examine evidence on oath;
(b) to summon any person to attend the inquiry either as the person whose conduct is the subject of the inquiry or to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all just exceptions;
(c) subject to subsections (2) to (4), to admit to the inquiry or to exclude from the inquiry, the public or any member of the public or the media;
(d) to award any person summoned to attend the inquiry as a witness such sum, to be paid from the funds of the Board, as in the opinion of the inquiry committee has been reasonably expended by him in connection with his attendance.
(2) Where an inquiry committee, after consulting the registered professional housing manager, is satisfied that it is desirable to do so, it may by order—
(a) direct that a hearing or part of a hearing shall take place in private and give directions as to the persons who may be present; and
(b) give directions prohibiting or restricting the publication or disclosure to some or all of the persons who may be present, of evidence given before the inquiry committee or of any matter contained in any document lodged with the inquiry committee or received in evidence by the inquiry committee.
(3) In the making of an order under subsection (2), the inquiry committee, without affecting the generality of that subsection, shall in determining whether or not it is desirable to make an order, take into account any views of the registered professional housing manager including the private interests of and any claim as to privilege by the registered professional housing manager.
(4) For the purposes of this section, any question in relation to a claim by the registered professional housing manager as to privilege shall be a question of law.
(5) The Registrar shall sign summonses to witnesses.
(6) No person shall be required to answer any question or produce any document or other thing which, in the opinion of the inquiry committee, may tend to incriminate him.
(7) A witness shall, in respect of any evidence given by him before the inquiry committee, be entitled to the same privileges to which he would be entitled if he were giving evidence in court.