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

25. Review of disciplinary orders
(1) When an inquiry committee completes its hearing in respect of a disciplinary offence and makes a finding that a disciplinary offence has been committed, the Registrar shall forthwith forward the inquiry committee’s decision and details of any order proposed to be made by the inquiry committee under section 23(1) to the Board for review.
(2) The Board shall appoint 3 of its members to sit with the Chairman as a review committee to review the decision of the inquiry committee.
(3) The Board shall not appoint a member of the inquiry committee to be a member of the review committee.
(4) The review committee may—
(a) confirm the decision and any proposed order of the inquiry committee;
(b) reverse a finding of guilt of the inquiry committee;
(c) recommend that any proposed order made by the inquiry committee be varied; or
(d) remit the decision or any proposed order of the inquiry committee to the inquiry committee with directions to reconsider the decision or proposed order or both.
(5) The inquiry committee shall comply with the directions and recommendation, if any, of the review committee.
(6) The review committee shall give an adequate statement of reasons for any directions or recommendation given or made under this section.

26. Service of orders of inquiry committee
(1) The Registrar shall serve a copy of any order made under section 23(1), together with a copy of the inquiry committee’s reasons, or serve notice that the inquiry committee has not found that the registered professional housing manager concerned committed a disciplinary offence, upon the registered professional housing manager who was the subject of the complaint, either personally or by registered post addressed to his registered address immediately when the Registrar receives—
(a) the report of the review committee, unless the inquiry committee is to reconsider its decision; or
(b) any order of the inquiry committee reviewed under section 25(4)(d).
(2) The Registrar shall not remove the name of the registered professional housing manager from the register before the expiry of a period of 3 months after the date of service of the order under subsection (1) or, in the case of an appeal to the Court of Appeal under section 28 made before the expiry of the time provided in subsection (7)(b) of that section, before the appeal is finally determined. (Amended 10 of 2005 s. 127)
(3) Any person whose name has been removed from the register under this Ordinance may apply to the Board for the restoration of his name to the register, and the Board may, after such inquiry and subject to such conditions as it may consider desirable, allow or refuse the application.
(4) If the Board allows the application under subsection (3), it shall order the Registrar to restore the name of the applicant to the register on payment by the applicant of the prescribed fee.

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

27. Publication of disciplinary orders
(1) After the expiry of the time within which an appeal may be made to the Court of Appeal under section 28 against an order of an inquiry committee made under section 23(1) or, if such an appeal has been made, after the appeal is finally determined, the Board— (Amended 10 of 2005 s. 128)
(a) shall publish a copy of the order or, if the order is varied on appeal, the order as so varied in at least one Chinese and one English language newspaper circulating daily in Hong Kong; and
(b) may publish the order or, if the order is varied on appeal, the order as so varied in any other publication or manner as the Board thinks fit. (Amended 10 of 2005 s. 128)
(2) Where an order is published under subsection (1), the Board—
(a) shall publish with such order sufficient particulars to acquaint the public with the nature of the matter to which the order relates; and
(b) may publish with such order an account of the proceedings of the inquiry committee.
(3) No action in damages for defamation shall lie against any person as a result of publishing an order and other particulars required or permitted under this section.

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

28. Appeal to Court of Appeal
(1) Any person who is aggrieved by any decision or order made in respect of him under section 14(1), 15(5), 19(1) or 23(1) may appeal to the Court of Appeal.
(2) The Court of Appeal may affirm, reverse or vary the decision or order appealed against. (Amended 10 of 2005 s. 129)
(3) Where a person appeals against an order of an inquiry committee, the Court of Appeal shall consider the reasons of the inquiry committee and of the review committee and submissions upon the findings of fact and law of the inquiry committee made on behalf of the parties to the inquiry and may call for the original record of the evidence taken and any document put in evidence before the inquiry committee. (Amended 10 of 2005 s. 129)
(4) The Court of Appeal may, upon special grounds being shown, consider any additional evidence not adduced before the inquiry committee.
(5) (Repealed 10 of 2005 s. 124)(6) The practice in relation to any appeal shall be subject to any rules of court made under the High Court Ordinance (Cap. 4).
(7) The Court of Appeal shall not have power to hear any appeal against a decision or order made under section 14(1), 15(5), 19(1) or 23(1) unless—
(a) in the case of a decision made under section 14(1), 15(5) or 19(1), notice of such appeal is given within 3 months after the applicant is notified in writing of the decision;
(b) in the case of an order made under section 23(1), notice of such appeal is given within 3 months of the service of the order under section 26.
(8) In deciding any appeal under this section the Court of Appeal may make such order for the payment of costs as it considers reasonable.

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

29. Use of title
(1) A person whose name does not appear on the register shall not describe himself as a “registered professional housing manager” or “註冊專業房屋經理” or to use the initials “R.P.H.M.”.
(2) The Board may apply to a judge for an order restraining any person whose name is not on the register from describing himself as a “registered professional housing manager” or “註冊專業房屋經理” or using the initials “R.P.H.M.”.
(3) A person, including a firm or company, shall not use the description of “registered professional housing manager” or “註冊專業房屋經理” or the initials “R.P.H.M.” unless—
(a) at each place where the person carries on the business of housing management, that business is conducted under the supervision of a registered professional housing manager who does not act at the same time in a similar capacity for any other person other than for a firm or company that has substantially the same beneficial ownership and management as the person (where the person is a firm or company);
(b) where the person carries on a multidisciplinary practice, that business, so far as it relates to housing management, is under the full time control and management of a registered professional housing manager who does not act at the same time in a similar capacity for any other person other than for a firm or company that has substantially the same beneficial ownership and management as the person (where the person is a firm or company).
(4) The Board may apply to a judge for an order restraining any person, including a firm or company, from using the description of “registered professional housing manager” or “註冊專業房屋經理” or the initials “R.P.H.M.” if the person has not complied with subsection (3).