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

48. Disclosure of interests
(1) In this section—
disclosable interest (應披露利害關係) means—(a) a pecuniary interest (whether direct or indirect); or
(b) a personal interest greater than that which a person has as a member of the public.

(2) If a member of the Authority has a disclosable interest in any matter under discussion at a meeting of the Authority—
(a) the member must disclose the nature of the interest at the meeting; and
(b) the disclosure must be recorded in the minutes.
(3) The following provisions apply in the case of a disclosure under subsection (2)—
(a) if the disclosure is made by the member presiding, the member must vacate the chair during the discussion;
(b) if so required by the majority of the other members present, the member (including one who has vacated the chair under paragraph (a)) must withdraw from the meeting during the discussion;
(c) unless the majority of the other members present determine otherwise, the member (including one who has vacated the chair under paragraph (a)) must not vote on a resolution concerning the matter under discussion or be counted for a quorum.
(4) If—
(a) a matter is being dealt with by circulating written resolutions under section 13 of Schedule 3; and
(b) a member of the Authority has a disclosable interest in the matter,
the member must disclose the nature of the interest by attaching to the papers being circulated a note recording the disclosure.
(5) For the purposes of section 13(1)(c) of Schedule 3, if a member of the Authority has made a disclosure under subsection (4), the member’s signature (if any) is not to be counted unless the Chairperson directs otherwise.
(6) If the member making a disclosure under subsection (4) is the Chairperson, the power under subsection (5) is to be exercised by the Vice-chairperson.
(7) If both the Chairperson and the Vice-chairperson have made a disclosure under subsection (4) on the same matter, section 13 of Schedule 3 does not apply to the matter.
(8) The validity of any proceeding of the Authority is not affected by the failure by a member of the Authority to comply with this section.
(9) Subsections (1), (2), (3) and (8) apply to a member of a committee of the Authority, as if a reference to the Authority in subsections (2) and (8) were a reference to the committee.

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

49. Delegation by Authority
(1) The Authority may delegate any of its powers to—
(a) a committee of the Authority;
(b) the Chief Executive Officer; or
(c) the holder of any office in the Authority, designated by the Authority.
(2) However, the following powers must not be delegated—
(a) the power conferred by subsection (1) to delegate;
(b) the power conferred by section 23 of Schedule 3 to establish committees;
(c) the power conferred by this Ordinance to make regulations.
(3) A person purporting to act in accordance with a delegation under subsection (1) is presumed, unless the contrary is proved, to be acting in accordance with the terms of the delegation.

50. Directions by Chief Executive
(1) The Chief Executive may give the Authority written directions for performing any of its functions if the Chief Executive is satisfied that it is in the public interest to do so.
(2) The Authority must comply with a direction given under subsection (1).
(3) This section does not enable the Chief Executive to exercise power or control in relation to—
(a) a particular application, or any other matter, with which the Authority or a committee of the Authority is concerned; or
(b) a particular case with which an appeal tribunal is concerned or which is pending.
(4) Directions given under subsection (1) are not subsidiary legislation.

51. Interpretation of Part 8
In this Part—
Collector (署長) means the Collector of Stamp Revenue appointed under section 3 of the Stamp Duty Ordinance (Cap. 117);
conveyance on sale (售賣轉易契) has the meaning given by section 2(1) of the Stamp Duty Ordinance (Cap. 117);
leviable instrument (徵款適用文書) means an instrument for which a levy is payable under section 53(1);
payment period (繳款限期), in relation to the levy payable for a leviable instrument, means the period within which the levy is payable under section 54(3);
transferee (承讓人), in relation to a leviable instrument, means the person to whom the immovable property concerned is transferred, or in whom the immovable property concerned is vested, under the instrument.

52. Application of Part 8
This Part applies to a conveyance on sale of immovable property.

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

53. Leviable instruments
(1) A levy at the prescribed amount is payable for an instrument that is—
(a) a conveyance on sale; and
(b) chargeable with stamp duty under head 1(1) in the First Schedule to the Stamp Duty Ordinance (Cap. 117).
(2) A question as to whether or not an instrument falls within the description of subsection (1)(a) and (b) is to be determined in accordance with the Stamp Duty Ordinance (Cap. 117).

54. Payment of levy
(1) The transferee under a leviable instrument is liable to pay the levy payable for the instrument.
(2) For the purposes of subsection (1), if there is more than one transferee under the instrument, the transferees are jointly and severally liable to pay the levy.
(3) The levy is payable within 30 days after the instrument is executed.

55. Collection of levy
(1) The levy is to be collected—
(a) by the Authority; or
(b) for the Authority by—
(i) the Collector; or
(ii) any assistant collector appointed under section 3 of the Stamp Duty Ordinance (Cap. 117) and authorized in writing by the Collector.
(2) The levy collected does not form part of the general revenue.

56. Agreement for collection and transmission of levy
(1) The Authority and the Collector may enter into an agreement for—
(a) the collection by the Collector of the levy for the Authority; and
(b) the transmission by the Collector of the levy to the Authority.
(2) An agreement entered into under subsection (1) is not subsidiary legislation.

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

57. Failure to pay levy
(1) If the levy payable for a leviable instrument is not paid within the payment period, the Authority may, without limiting any other remedy of the Authority for recovering the levy—
(a) impose a penalty for the failure to pay the levy; and
(b) issue a certificate, certifying that—
(i) the levy and penalty is due and payable to the Authority; and
(ii) the person named on the certificate is liable to pay the levy and penalty.
(2) The certificate must bear the name of the Chief Executive Officer, and is valid if the name of the Chief Executive Officer is printed or signed on it.
(3) The Authority must serve a copy of the certificate on the person affected by the certificate.
(4) A copy of the certificate may be served on a person either personally or by being delivered at, or sent by post to, the person’s last known postal address, or place of abode, business or employment.
(5) If a copy of the certificate is sent by post, it is presumed, unless the contrary is proved, to have been served on the day after the day on which it would have been received in the ordinary course by post.

58. Penalty
(1) For the purposes of section 57(1)(a)—
(a) the transferee under the relevant leviable instrument is liable to pay the penalty; and
(b) the amount of the penalty is—
(i) if the levy is paid not later than 1 month after the expiry of the payment period, double the amount of the levy;
(ii) if the levy is paid later than 1 month but not later than 2 months after the expiry of the payment period, 4 times the amount of the levy; or
(iii) in any other case, 10 times the amount of the levy.
(2) For the purposes of subsection (1)(a), if there is more than one transferee under the instrument, the transferees are jointly and severally liable to pay the penalty.