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

1. Short title
(Amended E.R. 4 of 2023)(1) This Ordinance may be cited as the Property Management Services Ordinance.
(2) (Omitted as spent—E.R. 4 of 2023)

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

3.  Property management services 
(1) The Authority may, by regulation, prescribe a service falling within a category of services set out in Schedule 1 as a property management service.
(2) In the regulation—
(a) the services must be prescribed with reference to the categories of services set out in Schedule 1; and
(b) more than one type of service may be prescribed under a category.

4. Disciplinary offences
For the purposes of this Ordinance, a licensee commits a disciplinary offence if—
(a) the licensee commits misconduct or neglect in a professional respect;
(b) the licensee contravenes a condition imposed on the licensee’s licence;
(c) the licensee contravenes a requirement in this Ordinance that is applicable to the licensee;
(d) the licensee, without reasonable excuse, fails to—
(i) comply with a requirement of a notice under section 21(2); or
(ii) comply with a summons under section 25(1)(b) or 37(1)(b);
(e) the court determines that the licensee has contravened a requirement in the Building Management Ordinance (Cap. 344) or a deed of mutual covenant that is applicable to the licensee; or
(f) the licensee is convicted in Hong Kong or elsewhere of a criminal offence that—
(i) may bring the profession of property management services into disrepute; and
(ii) is punishable with imprisonment (whether or not the licensee was sentenced to imprisonment).

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

5. Codes of conduct for section 4
(1) The Authority may issue codes of conduct containing any practical guidance that it considers appropriate for the purposes of section 4.
(2) Without limiting subsection (1), the codes of conduct may specify—
(a) for the purposes of section 4(a), the matters that the Authority considers to be relevant to determining the question of misconduct or neglect committed by a licensee in a professional respect; and
(b) for the purposes of section 4(f), the criminal offences that the Authority considers may bring the profession of property management services into disrepute.
(3) A licensee does not incur a civil or criminal liability only because the licensee has contravened a provision of the codes of conduct.
(4) However, in any proceedings (whether disciplinary, civil or criminal), if the Authority, the disciplinary committee or the court is satisfied that a provision of the codes of conduct is relevant to determining a matter that is in issue in the proceedings—
(a) the codes of conduct are admissible in evidence in the proceedings; and
(b) proof that a licensee contravened or did not contravene the provision may be relied on as tending to establish or negate that matter.
(5) The Authority may amend the codes of conduct, and a reference in this section to the codes is to be construed as including a reference to the codes as so amended.
(6) The Authority must publish the codes of conduct, and the amendments made to them, in the Gazette.
(7) Neither the codes of conduct, nor the amendments made to them, are subsidiary legislation.

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

6. Prohibition of unlicensed activities
(1) No person may, without a PMC licence—
(a) act as a property management company; or
(b) claim to be a licensed PMC.
(2) No person may, without a PMP (Tier 1) licence—
(a) act as a property management practitioner;
(b) claim to be a licensed PMP (Tier 1); or
(c) describe himself or herself as a “registered professional property manager” or “註冊專業物業經理” or use a title in any language that so closely resembles “registered professional property manager” or “註冊專業物業經理” as to be capable of deceiving or misleading any person into believing that the person is a licensed PMP (Tier 1).
(3) No person may, without a PMP (Tier 2) licence—
(a) act as a property management practitioner;
(b) claim to be a licensed PMP (Tier 2); or
(c) describe himself or herself as a “licensed property management officer” or “持牌物業管理主任” or use a title in any language that so closely resembles “licensed property management officer” or “持牌物業管理主任” as to be capable of deceiving or misleading any person into believing that the person is a licensed PMP (Tier 2).
(4) A person who contravenes subsection (1), (2) or (3) commits an offence and is liable—
(a) on conviction on indictment to a fine of $500,000 and to imprisonment for 2 years; or
(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.

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

8. Property management services licences
(1) The Authority may, on application, issue—
(a) a PMC licence;
(b) a PMP (Tier 1) licence; or
(c) a PMP (Tier 2) licence.
(2) A PMC licence may only be issued to a company, a partnership or an individual carrying on business as a sole proprietor.
(3) A PMP (Tier 1) licence or PMP (Tier 2) licence may only be issued to an individual.
(4) A licence is not transferable.
(5) A licence remains in force until the end of the period specified in it.
(6) The period specified under subsection (5) must not be longer than 36 months beginning on the date on which the licence is issued.

9. Application for licences
(1) An application for a licence—
(a) must be made to the Authority in the specified form;
(b) must contain the prescribed information; and
(c) must be accompanied by the prescribed documents and application fee.
(2) The Authority must not issue a licence unless—
(a) the Authority is satisfied that—
(i) the applicant is a suitable person to hold the licence; and
(ii) the applicant meets all the prescribed criteria for holding the licence; and
(b) the applicant has paid the prescribed fee for the issue of the licence.
(3) The Authority may impose on a licence those conditions, including prescribed conditions, that it considers appropriate.
(4) If the Authority decides not to issue a licence, it must, by notice in writing given to the applicant within 21 days beginning on the date on which the decision is made—
(a) notify the applicant of the decision; and
(b) give reasons for the decision.

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

15. Regulations for Part 3
(1) The Authority may, by regulation, prescribe—
(a) the information to be contained in, and the documents to accompany, an application for a licence or the renewal of a licence;
(b) the fees payable in an application for a licence or the renewal of a licence;
(c) the criteria for holding a licence;
(d) the fees payable for the issue of a licence or renewed licence;
(e) the fees payable for the extension of the validity of a licence under section 10(11)(b) or (12)(b);
(f) the conditions that may be imposed on a licence or renewed licence; and
(g) the fees payable for a copy under section 13(8).
(2) The criteria mentioned in subsection (1)(c)—
(a) for a PMC licence, may include a criterion that the person has a sufficient number of directors and employees who are licensed PMPs; and
(b) for a PMP (Tier 1) licence or PMP (Tier 2) licence—
(i) may include criteria relating to the person’s academic qualifications, professional qualifications and relevant work experience; and
(ii) may impose more stringent requirements for a PMP (Tier 1) licence.