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

59. Certificate of levy and penalty
(1) This section applies if a certificate is issued under section 57(1)(b) in relation to a levy and penalty, and is served in compliance with section 57.
(2) Unless the contrary is proved, the certificate is evidence of the facts certified in it in any proceedings.
(3) At any time before the levy and penalty has been wholly recovered, the Authority may register the certificate in the Land Registry against any premises or land in respect of which the levy and penalty arose.
(4) For the purposes of the Land Registration Ordinance (Cap. 128), the certificate is taken to be an instrument affecting premises or land and is registrable in the Land Registry.
(5) On the registration of the certificate, the levy and penalty—
(a) is recoverable from a person who from the Land Registry register appears to be the owner of the premises or land; and
(b) constitutes a legal charge on the premises or land that gives the Authority the same powers and remedies in respect of the premises or land as if it were a mortgagee under a mortgage by deed in common form having powers of sale and lease and of appointing a receiver.
(6) Despite sections 3(1) and 5 of the Land Registration Ordinance (Cap. 128), if the certificate is duly registered, it has priority from the beginning of the day after the date of registration.
(7) The charge created under subsection (5)(b) is void, and no liability is to accrue under that subsection, against a bona fide purchaser or mortgagee of the premises or land for valuable consideration without notice.
(8) On the recovery of the levy and penalty, the Authority must lodge in the Land Registry an appropriate memorial of satisfaction against the certificate registered under subsection (3).

60. Recovery of levy and penalty
The Authority may recover the amount of any levy or penalty payable under this Part as a civil debt due to it.

61. Authority’s powers to remit and refund
The Authority may—
(a) remit, wholly or in part, any levy or penalty payable for a leviable instrument; or
(b) refund, wholly or in part, any levy or penalty paid for a leviable instrument.

62. Regulations for Part 8
The Secretary may, by regulation—
(a) prescribe the amount of levy payable for a leviable instrument;
(b) provide for the exemption of any class of persons or instruments from the application of this Part; and
(c) provide generally for the better carrying out of this Part.

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

63. Defence for licensed PMP as employee
It is a defence for a licensed PMP charged with a disciplinary offence for an act done or omitted to be done under this Ordinance to prove that—
(a) the PMP took all reasonable steps and exercised all due diligence to avoid committing the offence;
(b) the PMP did the act or made the omission in the course of the PMP’s employment;
(c) the PMP did the act or made the omission in accordance with the instructions given to the PMP by or on behalf of the PMP’s employer in the course of the PMP’s employment; and
(d) the PMP was not, at the time the act was done or omitted to be done, in a position to make or influence a decision regarding the act or omission.

64. Immunity
A party, solicitor, counsel, witness or any other person who appears at a hearing before the Authority or the disciplinary committee under Part 5, or before an appeal tribunal under Part 6, has the same privileges and immunities as the person would have if the hearing were civil proceedings in the Court of First Instance.

65. Paid fees not refundable
Fees paid under this Ordinance are not refundable.

66. Amendment of Schedules 2 and 3
(1) The Authority may, by notice published in the Gazette, amend Schedule 2.
(2) The Secretary may, by notice published in the Gazette, amend Schedule 3.

67. Transitional provisions
The transitional provisions specified in Schedule 4 have effect.

68. (Omitted as spent—E.R. 2 of 2024)

### Electronic Health Record Sharing System Ordinance 《電子健康紀錄互通系統條例》

1. Short title and commencement
(1) This Ordinance may be cited as the Electronic Health Record Sharing System Ordinance.
(2) This Ordinance comes into operation on a day to be appointed by the Secretary for Health by notice published in the Gazette. (Amended L.N. 144 of 2022)

### Electronic Health Record Sharing System Ordinance 《電子健康紀錄互通系統條例》

3. Substitute decision maker
(1) For the purposes of this Ordinance, a person is a substitute decision maker of a healthcare recipient if the person is an eligible person under subsection (2) or (3).
(2) For a healthcare recipient who is a minor, the following are eligible persons for the purposes of subsection (1)—
(a) a parent of the healthcare recipient who accompanies the healthcare recipient at the relevant time;
(b) a guardian of the healthcare recipient appointed under or acting by virtue of the Guardianship of Minors Ordinance (Cap. 13), or otherwise appointed by the court, who accompanies the healthcare recipient at the relevant time;
(c) a person appointed by the court to manage the affairs of the healthcare recipient who accompanies the healthcare recipient at the relevant time;
(d) in the absence of the persons mentioned in paragraphs (a), (b) and (c), a family member of the healthcare recipient, or a person residing with the healthcare recipient, who accompanies the healthcare recipient at the relevant time;
(e) in the absence of the persons mentioned in paragraphs (a), (b), (c) and (d), the prescribed healthcare provider that provides, or is about to provide, healthcare to the healthcare recipient at the relevant time.
(3) For a healthcare recipient who is aged 16 or above and who is of any of the following descriptions, the persons specified in subsection (4) are eligible persons for the purposes of subsection (1)—
(a) being mentally incapacitated as defined by section 2(1) of the Mental Health Ordinance (Cap. 136);
(b) being incapable of managing his or her own affairs;
(c) being incapable of giving a joining consent at the time referred to in paragraph (a), (b) or (c) of the definition of relevant time

4. Ordinance applies to Government
This Ordinance applies to the Government.

5. Establishment of System
(1) The Commissioner must establish and maintain an information infrastructure with the name “Electronic Health Record Sharing System” in English and “電子健康紀錄互通系統” in Chinese for—
(a) keeping the records required by subsection (2); and
(b) sharing and using data and information contained in those records.
(2) The System must keep a record of every registered healthcare recipient containing the following—
(a) the index data of the recipient;
(b) the health data of the recipient provided to the Commissioner in the form and manner specified by the Commissioner;
(c) any other data or information of the recipient that is, in the Commissioner’s opinion, necessary for the proper functioning of the System.