LCQ9: Property Management Services Authority
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Question:
This Council enacted on May 26 this year the Property Management Services Ordinance, which aimed at putting in place a legislative framework for the regulatory regime for property management services, and the establishment of the Property Management Services Authority (PMSA) to be responsible for enforcing the respective mandatory licensing regimes for the relevant companies and practitioners. Regarding the composition of PMSA, licensee discipline and the enactment of subsidiary legislation, will the Government inform this Council:
(1) given that the Ordinance provides that PMSA consists of a Chairperson, a Vice-chairperson and not more than 18 members who must be appointed by the Chief Executive (CE) from the following categories of individuals: (i) individuals who are engaged in property management services, (ii) individuals who have experience in the fields related to property management services, general administration or consumer affairs, and (iii) other individuals who are considered by CE to be suitable for appointment as PMSA members, and CE made the relevant appointments on the 25th of last month, whether the authorities know the criteria adopted by CE for making such appointments;
(2) given that PMSA may set up a standing committee for conducting disciplinary hearings on the misconduct of licensees, and the Secretary for Home Affairs must appoint an appeal panel for handling appeals lodged by those persons who are aggrieved by the decisions of PMSA, of the respective composition of the said committee and panel; whether the authorities will appoint representatives from the relevant organisations in the property management services sector to be members of such committee and panel; if they will, of the relevant appointment criteria; and
(3) given that the Government must enact subsidiary legislation on the licensing criteria for the companies and practitioners related to property management services, the information and documents required in an application for a licence, the levels of licence fees and levies, and the exemption of any persons from the payment of levies, etc., whether the authorities will consult the members of the property management services sector before introducing the subsidiary legislation concerned, and set up a consultation committee for this purpose; if such a consultation committee will be set up, of its composition and whether the authorities will appoint representatives from organisations in the property management services sector to be members of the consultation committee, if they will, of the relevant appointment criteria?
Reply:
President,
In response to the Dr Hon Yiu's question on the composition of the Property Management Services Authority (PMSA), and matters related to, among others, the discipline of licensees and subsidiary legislation under the Property Management Services Ordinance (Cap. 626) (PMSO), my reply is set out below:
(1) The composition of the PMSA is prescribed by the PMSO. According to section 2 of Schedule 3 to the PMSO, the PMSA is to consist of the Chairperson, the Vice-chairperson and not more than 18 ordinary members. The provision also stipulates that the Chief Executive (CE) has to appoint members of the PMSA from among the following categories of individuals:
(a) around one-fourth are individuals who are engaged in property management services (Category I persons);
(b) around one-fourth are individuals who, because of their experience in property management, general administration or consumer affairs, appear to the CE to have knowledge of property management services (Category II persons); and
(c) at least half are general public, who appear to the CE to be suitable to be appointed as members (Category III persons).
Among the 20 members of the PMSA appointed by the CE, apart from the Chairperson and the Vice-chairperson, 5 are Category I persons; another 4 are Category II persons; and 9 are Category III persons.
According to the requirement under the PMSO, the composition of the PMSA has already included persons representing different categories of stakeholders to strike a balance between protecting the interests of the industry and those of owners and the general public.
(2) According to section 23(1) of Schedule 3 to the PMSO, the PMSA may establish a standing committee for hearing disciplinary matters under the PMSO, i.e. the disciplinary committee. Every member of the disciplinary committee is to be appointed by the PMSA. The disciplinary committee must also comply with the relevant requirements under section 23 of Schedule 3 to the PMSO, including:
(a) it must consist of at least 3 members;
(b) a majority of its members must be members of the PMSA; and
(c) its chairperson must be a member of the PMSA.
In appointing members to the disciplinary committee, the PMSA will ensure that the disciplinary committee will include persons representing different categories of stakeholders to strike a balance between protecting the interests of the industry and those of owners and the general public.
Apart from the above, according to section 33 of PMSO, the Secretary for Home Affairs (SHA) must appoint an appeal panel, consisting of individuals, with 1 chairperson and 11 other members. A member of the PMSA is not eligible for the appointment. Members of the panel will be responsible for hearing appeals lodged under section 34 of the PMSO by any person aggrieved by the following matters:
(a) a decision not to issue or renew a licence;
(b) a decision to impose conditions on a licence or renewed licence;
(c) a decision regarding the period for which a licence is issued or renewed;
(d) a finding made at a disciplinary hearing; or
(e) a disciplinary order.
In appointing the chairperson and members of the appeal panel, the SHA will appoint persons representing different categories of stakeholders to ensure that every case is handled in a fair, impartial and independent manner.
(3) According to section 15(1) of the PMSO, the PMSA 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;
(f) the conditions that may be imposed on a licence or renewed licence; and
(g) the fees payable for obtaining a copy of the property management company register and the property management practitioner registers.
In drafting the relevant regulations, the PMSA will duly consider the views of the property management services industry and relevant stakeholders. The relevant regulations will have to go through the negative vetting procedure of the Legislative Council (LegCo).
Apart from the above, according to section 62 of the PMSO, the SHA may, by regulation, prescribe the amount of levy payable for a leviable instrument; provide for the exemption of any class of persons or instruments from the application of levy; and provide generally for the better carrying out of the part relating to levy under the PMSO.
The relevant regulation will have to go through the negative vetting procedure of the LegCo. In drafting the relevant regulation, we will duly consider the views of the property management services industry, relevant stakeholders and the general public. We will also consult the PMSA and the relevant Panel of the LegCo on the relevant regulation.
Ends/Wednesday, December 7, 2016
Issued at HKT 14:00
Issued at HKT 14:00
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