### Building Management Ordinance 《建築物管理條例》

34L. Indemnity of manager in respect of legal costs, etc.
No provision in a deed of mutual covenant or other agreement shall operate to entitle the manager of any building to be indemnified by a corporation or by the owners of the flats in that building in respect of any legal costs, charges, expenses or fees relating to any civil or criminal proceedings (whether successful or otherwise) between or in respect of that manager and that corporation or those owners and any such provision shall be void and of no effect.

35. Penalty for improper use of “Incorporated Owners”
Any person who, not being a corporation incorporated under this Ordinance, uses a name or title containing the words “Incorporated Owners” or “Owners’ Corporation” or the Chinese characters therefor, or other words or Chinese characters implying that such person is a corporation incorporated under this Ordinance, shall be guilty of an offence and shall be liable on conviction to a fine at level 3.
(Amended 27 of 1993 ss. 30 & 42; 69 of 2000 s. 16)

36. False statement or information
Any person who—
(a) in any form required by this Ordinance, or in any notice or document given, issued or made for the purposes of this Ordinance, makes any statement or furnishes any information; or
(b) furnishes any information required to be furnished under this Ordinance,
which he knows, or reasonably ought to know, to be false in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(Amended 27 of 1993 s. 42; 69 of 2000 s. 17)

37. Saving for resolutions passed at meetings
A resolution passed at any meeting convened under this Ordinance shall not be invalid by reason only of the omission to give notice of the meeting to any person entitled to such notice.

### Building Management Ordinance 《建築物管理條例》

38. Secretary to maintain register
(1) The secretary of a management committee shall maintain a register, in which each flat in the building concerned shall be separately identified, and shall enter therein the following particulars with reference to each flat—
(a) the name and address of the owner; and
(b) the name and address of the registered mortgagee (if any).
(2) For the purposes of subsection (1)—
(a) the address of an owner shall be the address of the flat which he owns; and
(b) the address of a registered mortgagee shall be his address appearing in the registered mortgage,
unless the owner or registered mortgagee notifies the secretary of the management committee in writing of some other address.
(3) Every person who becomes an owner or a registered mortgagee of a flat shall forthwith give notice thereof to the secretary of the management committee, who shall amend the register accordingly.
(4) The register maintained under subsection (1) shall be open to inspection by the Authority, an authorized officer, the tenants’ representative, an owner or a registered mortgagee or any person duly authorized in writing in that behalf by an owner or registered mortgagee. (Replaced 27 of 1993 s. 31)

39. Determination of owner’s shares
An owner’s share shall be determined—
(a) in the manner provided in an instrument including a deed of mutual covenant (if any) which is registered in the Land Registry; or (Amended 8 of 1993 s. 2)
(b) if there is no such instrument, or the instrument contains no such provision, then in the proportion which his undivided share in the building bears to the total number of shares into which the building is divided.
(Amended 27 of 1993 s. 32)

### Building Management Ordinance 《建築物管理條例》

40. Powers of entry and inspection
(1) A member of a management committee and any other person authorized in that behalf by the management committee may, on reasonable notice to the owner or occupier thereof, enter a flat at any reasonable time for the purpose of— (Amended 27 of 1993 s. 33)
(a) inspecting, repairing, maintaining or renewing—
(i) any common parts in the flat; or
(ii) any other property in the flat the condition of which does or may affect adversely the common parts or other owners;
(b) abating any hazard or nuisance which does or may adversely affect the common parts or other owners.
(2) A magistrate may, if satisfied by information on oath that it is necessary for any person to break into any flat which he is empowered to enter under subsection (1), by warrant authorize such person to break into the flat in the presence of a police officer.
(3) Notwithstanding section 19(2), any costs incurred by the management committee in connexion with the exercise by it of the powers conferred by subsection (1)(a)(ii) or (b) shall be recoverable by the corporation as a civil debt from the owner of the flat in respect of which such costs were incurred. (Amended 27 of 1993 ss. 33 & 42)

40A. Powers of Authority or authorized officer
(1) The Authority or an authorized officer may, for the purpose of ascertaining the manner in which a building is being controlled, managed or administered—
(a) enter and inspect any common parts of a building;
(b) attend any general meeting of a corporation;
(c) require a corporation or any person managing the building to furnish him with such information in the possession of the corporation or that person, as the case may be, as the Authority or authorized officer may specify in relation to the control, management and administration of the building;
(d) inspect the books or records of account and other records maintained under section 27(1) including any accounts relating to any fund established and maintained under section 20; and
(e) inspect any other documents or records kept by a corporation in relation to any of its functions, duties or powers.
(2) Any person who obstructs, or fails to comply with a reasonable requirement of, the Authority or an authorized officer acting under subsection (1) commits an offence and is liable to a fine at level 4. (Amended 69 of 2000 s. 18)
(Added 27 of 1993 s. 34)

### Building Management Ordinance 《建築物管理條例》

40B. Appointment of building management agent by order of Authority
(1) Where it appears to the Authority in the case of any building having a management committee that—
(a) no person is, for the time being, managing that building;
(b) the management committee has, in any material particular, failed substantially to perform the duties of a corporation under section 18 including without limitation, the duty of a corporation under subsection (2A) of that section to have regard to and be guided by Codes of Practice; and
(c) by reason of the circumstances mentioned in paragraphs (a) and (b), there is a danger or risk of danger to the occupiers or owners of the building,
the Authority may order that, within such reasonable period as shall be specified in the order, the management committee must appoint a building management agent for the purposes of managing that building.
(2) Where a management committee without reasonable excuse fails to comply with an order made under subsection (1), every member of the management committee shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and in the case of a continuing offence, to a further daily fine of $1,000 for each day during which the offence continues, unless he proves—
(a) that the offence was committed without his consent or connivance; and
(b) that he exercised all such due diligence to prevent the commission of the offence as he ought to have exercised in the circumstances.
(3) For the purposes of this section and section 40C, a person is eligible to be appointed as a building management agent if his name appears in a list of persons engaged in the business of the management of buildings compiled by the Authority from time to time and published in the Gazette. (Replaced 5 of 2007 s. 22)
(Added 69 of 2000 s. 19)