Licensing Regime

FAQ > Licensing Regime

Licensing Regime

1. Is a property management company which provides property management services falling within a single category required to hold a licence?

No. Section 7(2) of the Property Management Services Ordinance (Cap. 626) stipulates that if a company’s business does not involve the provision of property management services falling within more than one category of services, the company is not required to hold a licence.

2. Is a property management company which provides cleaning, hygiene and security services required to hold a licence?

No. As cleaning, hygiene and security services fall within the same category of property management services (i.e. category 2 of the 7 service categories of property management services stipulated in the Property Management Services Ordinance (Cap. 626) (PMSO)), the company’s business does not involve the provision of property management services falling within more than one category of services. As stipulated under section 7(2) of the PMSO, the prohibition of unlicensed activities (i.e. section 6(1)(a), (2)(a) or (3)(a)) does not apply to the company, and the company therefore is not required to hold a licence.

3. None of the properties under the management of a property management company is subject to a deed of mutual covenant (DMC). Is the company required to hold a PMC licence?

No. The Property Management Services Ordinance (Cap. 626) defines “property” as “building” under the Building Management Ordinance (Cap. 344) (BMO). Given that “building” as defined under the BMO does not include a property without a DMC, the company is not required to hold a licence.

4. What is an incidental service?

The PMSA has stipulated in the subsidiary legislation that property management services (PMSs) incidental to and necessary for the provision of the PMSs under a category of services prescribed in the subsidiary legislation are regarded as PMSs under that category only. For the provision of one category of PMSs (primary service), it may at times be necessary to involve the provision of PMSs under another category or other categories of services because of prevailing trade practices or procedures regarded as standard. In such a case, the PMSs under other categories will be regarded as incidental services to the primary service. The PMSA will issue guidelines setting out examples of incidental services and/or the circumstances under which PMSs may be regarded as incidental services.

5. Is a person who provides free advisory services relating to property management services to the owners or owners’ organisation of a property required to hold a licence?

No. Pursuant to section 7(4) of the Property Management Services Ordinance (Cap. 626), the provisions concerning prohibition of unlicensed activities (i.e. section 6(1)(a), 6(2)(a) or 6(3)(a)) do not prohibit a person from providing advisory services relating to property management services without consideration. In this connection, such person (for example, a district councilor providing assistance to an owners’ corporation) is not required to hold a licence.

6. Under what circumstances is a property management practitioner (PMP) required to hold a licence?

A property management company (PMC) may provide different property management services to different properties, and if a PMC provides more than one category of property management services then it is required to hold a PMC licence. If a PMP is appointed by a PMC which is required to hold a licence to assume a managerial or supervisory role in all the property management services provided by the PMC to a property, the PMP will be deemed to have an “overall” managerial or supervisory role and is required to hold a PMP licence. Other PMPs (i.e. those who do not assume an overall managerial or supervisory role, and who may include “front-line staff”, such as security guards in the management office, cleaning attendants in estates etc.) are not required to hold PMP licences.

7. May an experienced property management practitioner (PMP) apply for a PMP licence if he fails to meet the criteria for holding a PMP licence concerning academic qualifications and/or professional qualifications?

The first three years after the implementation of the licensing regime (i.e. from 1 August 2020 to 31 July 2023) is a transitional period during which an individual who possesses the required work experience in assuming a managerial or supervisory role in the provision of property management services for properties in Hong Kong but does not meet the academic and/or professional qualifications criteria for holding a PMP licence may apply for and be issued a provisional PMP licence. Upon completion of a specified course within the validity period of the provisional licence, the PMP may apply for a formal licence without meeting the academic qualifications and/or professional qualifications criteria.

8. As regards the fulfilment of the “work experience in property management” criterion for holding a property management practitioner licence, how is that work experience determined?

“Work experience in property management” is full time work experience in property management for properties (whether subject to a deed of mutual covenant or not) in Hong Kong and involving the provision of services under two or more categories of prescribed property management services. More information about work experience may be found here.

9. I am engaged in cleaning work in a housing estate, including cleaning its club house, playgrounds and car parks. Does my work involve the prescribed property management services under category 2 (management of the environment of a property) and category 5 (facility management relating to a property)?

In assessing whether an applicant meets the criterion for work experience in property management, the Property Management Services Authority will consider the nature of the relevant property management services (PMSs) rather than the location where they are provided. For example, cleaning services provided in club houses, playgrounds, car parks, etc., of a property will only be considered as the prescribed PMSs under category 2 (management of the environment of a property) but not category 5 (facility management relating to a property). Similarly, repair services provided in the ancillary facilities of a property will only be regarded as the prescribed PMSs under category 3 (repair, maintenance and improvement of a property) but not category 5 (facility management relating to a property). Therefore, according to the situation mentioned in the above question, the relevant work only involves the prescribed PMSs under category 2 (management of the environment of a property).

10. I am engaged in maintenance work, including repair, maintenance, renovation and improvement of properties, club houses, car parks and other facilities. I also, for related matters, attend meetings with owners or owners’ organisations, handle enquiries and complaints, calculate expenses, prepare financial budgets for projects, draft and analyse tenders on project proposals for comparison, carry out site visits to ensure that the construction procedures are proper and safe, arrange for technicians, maintenance and contractor services, etc. Does my work involve the prescribed property management services under category 1 (general management services relating to a property), category 3 (repair, maintenance and improvement of a property), category 4 (finance and asset management relating to a property), category 5 (facility management relating to a property) and category 6 (human resources management relating to personnel involved in the management of a property)?

In assessing whether an applicant meets the criterion for work experience in property management, the Property Management Services Authority will consider the nature of the relevant property management services (PMSs). The provision of other categories of PMSs which are incidental to the provision of the relevant PMSs will also be regarded as those of the same category of the relevant PMSs. According to the situation mentioned in the above question, since the attendance of meetings with owners or owners’ organisations, handling of enquiries and complaints, calculation of expenses, preparation of financial budgets for projects, drafting and analysing tenders on project proposals for comparison, carrying out site visits to ensure that the construction procedures are proper and safe, arranging for technicians, maintenance and contractor services, etc., are all required because of the maintenance matters, they are considered to be incidental services to the provision of maintenance service and thus they will only be regarded as the prescribed PMSs under category 3 (repair, maintenance and improvement of a property).

11. I am a property management manager and my daily work includes recruiting and training security guards, cleaners and property management officers for my property management company, preparing staff roster, arranging work and replacement workers, assessing the quality of services, etc. Does my work involve the prescribed property management services under category 6 (human resources management relating to personnel involved in the management of a property)?

The prescribed property management services (PMSs) under category 6 (human resources management relating to personnel involved in the management of a property) refer to human resources management services in relation to employees engaged by an owner or owners’ organisation in the provision of PMSs. Examples include: an owner or owner’s organisation intends to employ a cleaner and therefore entrusts a property management company to recruit and manage the cleaner on his/its behalf, including providing training, preparing staff roster and work schedules, handling labour insurance, etc., and the property management practitioner providing such services will be considered having the experience in providing the prescribed PMSs under category 6 (human resources management relating to personnel involved in the management of a property). However, if a property management practitioner provides the above-mentioned human resources management services only to the property management company itself and not to the owners or owners’ organisations, he/she will not be considered to have provided the prescribed PMSs under category 6 (human resources management relating to personnel involved in the management of a property).

12. Under what conditions will an academic qualification be regarded by the PMSA as “equivalent academic qualification” or "specified academic qualification"?

The PMSA will consider all relevant factors in determining what an equivalent academic qualification is, including the QF Level and QF Credit of the academic qualification assessed under the Hong Kong Qualifications Framework. Details may be found here.

13. As regards the criteria for holding a property management practitioner (Tier 2) licence which include “applicant holding an associate degree, diploma or above, or an academic qualification regarded by the PMSA as equivalent or any qualification that is considered acceptable by the PMSA”, what is meant by “any qualification that is considered acceptable by the PMSA”?

In considering whether a qualification is acceptable, the PMSA will consider all relevant factors, including the qualifications obtained through the “Recognition of Prior Learning” mechanism under the Hong Kong Qualifications Framework. Under that mechanism, qualifications that can be considered acceptable by the PMSA include five statements of attainment for the clusters of units of competency at Level 4 for the property management industry (one of the statements must be on “Management of Customer Services”).

14. As regards the academic qualifications criterion for holding a property management practitioner licence, what is “a bachelor or higher degree or equivalent, an associate degree, diploma or above, or equivalent academic qualification in property management specified by the PMSA”?

A list of bachelor or higher degrees, associate degrees or diplomas in a subject or discipline specified by the PMSA is published in the PMSA’s website, and these academic qualifications are of a subject or discipline relating to property management.

15. What are the arrangement and the factors for consideration with regard to the academic qualification in property management specified by the PMSA?

In determining which academic qualifications are to be specified, the PMSA will consider all relevant factors, details of which may be found .

16. One of the conditions imposed on a licence is to have the name of the licensee and licence number clearly and conspicuously stated on any name card, letter, account, receipt, pamphlet, brochure, advertisement and other documents issued in whatever form by or on behalf of the licensee in the capacity of a licensee. Is there any specified format?

There is no specified format but the best practice is to use the wording set out in the Property Management Services Ordinance, as follows:
Licensed PMP (Licence no. P1-XXXXXX); or
Licensed PMP (Tier 1) (Licence no. P1-XXXXXX)

17. What is an owners’ organisation?

An owners’ organisation, in relation to a property, means an organisation (whether or not formed under the Building Management Ordinance (Cap. 344) or a deed of mutual covenant) that is authorised to act on behalf of all the owners of the property. An owners’ corporation is an example of an owners’ organisation.

18. Is an owners’ corporation required to hold a property management company licence?

An owners’ corporation is an owners’ organisation within the meaning of the Property Management Services Ordinance (Cap. 626) (PMSO). The subsidiary legislation stipulates that the duties and obligations performed by an owners’ organisation pursuant to the Building Management Ordinance (Cap. 344) are not property management services prescribed under the PMSO and therefore, an owners’ corporation performing only such duties and obligations is not required to hold a licence.

19. Is an owner or owners’ organisation “self-managing” less than 1,500 flats required to hold a property management company licence?

In general, an owner or owners’ organisation “self-managing” less than 1,500 flats is not required to hold a property management company licence. The PMSA has stipulated in the subsidiary legislation that the duties and obligations performed by an owner or owners’ organisation pursuant to the Building Management Ordinance (Cap. 344) are not property management services prescribed under the Property Management Services Ordinance (Cap. 626). Therefore, an owner or owners’ organisation is not required to hold a licence if the owner or owners’ organisation only performs such duties and obligations.

20. Is an owner or owners’ organisation “self-managing” 1,500 or more flats required to hold a property management company licence?

Property management services are comprehensive multi-disciplinary professional services, which are more complex and demanding for a property containing 1,500 or more flats. Moreover, as property management services become more diversified, it is believed that comprehensive and professional knowledge of property management is required in order to provide ideal property management services. If an owner or owners’ organisation “self-manages” 1,500 or more flats and provides more than one category of property management services going beyond the duties and obligations performed by an owner or owners’ organisation pursuant to the Building Management Ordinance (Cap. 344), that owner or owners’ organisation is required to hold a licence.

21. Is an owner or owners’ organisation required to hold a licence if it engages a property management company to provide property management services?

An owner or owners’ organisation that engages a property management company and monitors, in the capacity of an owner or owners’ organisation, the provision of property management services by the company, will not be regarded as carrying on the business of providing property management services. Therefore, the owner or owners’ organisation is not required to hold a property management company licence, and the owners concerned will also not be regarded as assuming a managerial or supervisory role in a property management company and are therefore not required to hold property management practitioner licences.

22. When will the licensing regime be implemented?

The licensing regime came into operation on 1 August 2020, and practitioners and companies can now apply for licences. To allow sufficient time for the industry to adapt to the new regime, the first three years after the implementation of the licensing regime will be a transitional period during which practitioners and companies will not be required to be licensed.

23. What is a flat?

A “flat” is any premises in a building which are referred to in a deed of mutual covenant (DMC) whether described therein as a flat or by any other name and whether used as a dwelling, shop, factory, office or for any other purpose, of which the owner, as between himself and owners or occupiers of other parts of the same building, is entitled to the exclusive possession.
According to the definition above, a car parking space having undivided shares in the property concerned as referred to in a DMC and of which the owner, as between himself and owners or occupiers of other parts of the same building, is entitled to the exclusive possession, is a flat for the purposes of the PMSO.

Example 1
It is stated in a DMC that the building has “348 Car Park Units at 25 Undivided Shares each”. These car parking spaces are regarded as 348 flats for the purposes of the PMSO.

Example 2
It is stated in a DMC that the building has “Multi-storey Car Park Accommodation having 184 undivided shares”, then these car parking spaces are regarded as one flat for the purposes of the PMSO.

Effective Control over Property Management Business by Property Management Companies

Copy No.: C3/2021
Effective Date: 8 January 2021

Preamble

The following code of conduct (“Code”) is issued by the Property Management Services Authority pursuant to section 5 of the Property Management Services Ordinance (“PMSO”) and contains practical guidance for the purposes of section 4 of the PMSO (disciplinary offences). Although a licensee¹ does not incur a legal liability only because the licensee has contravened a provision of the Code, the Code is admissible in evidence in disciplinary hearings, and proof that a licensee contravened or did not contravene the relevant provision of the Code may be relied on as tending to establish or negate a matter that is in issue in the hearings.

Code

Establishing mechanism for effective control over business

A(1) A licensed property management company (“licensed PMC”) has to establish an effective control mechanism (“mechanism”) for its business to provide property management services (“PMSs”). The mechanism shall include the following elements:

Establishing management team structure;
Setting out work guidelines;
Providing sufficient manpower;
Providing sufficient resources;
Providing appropriate training;
Effective monitoring;
Regular assessment;
Taking appropriate follow-up actions;
Keeping records; and
Supervising sub-contractors.

Establishing management team structure

B(1) A licensed PMC has to, with respect to each property for which PMSs are provided by it, establish a management team structure and prepare a management team operational chart to enable its employees to know the structure of the management team in order to facilitate carrying out duties and reporting work development.

Setting out work guidelines

C(1) A licensed PMC has to set out proper work procedures and clear guidelines for its employees to follow in the provision of PMSs. A licensed PMC has to review and/or update the relevant work procedures and guidelines regularly to ensure that they comply with operational requirements.

Providing sufficient manpower

D(1) A licensed PMC has to enter into an agreement with its client² with respect to the provision of PMSs and has to arrange sufficient manpower to provide PMSs according to the agreement.

Providing sufficient resources

E(1) A licensed PMC has to provide necessary and suitable material and equipment to its employees so as to enable them to provide PMSs effectively under safe working conditions.

Providing appropriate training

F(1) A licensed PMC has to provide appropriate training to its employees in the provision of PMSs in order to enable them to perform their duties in compliance with the relevant work procedures and guidelines. A licensed PMC has to strengthen training for employees who fail to perform their duties according to the relevant work procedures and guidelines.

Effective monitoring

G(1) A licensed PMC has to continuously and effectively monitor the work and conduct of its employees who provide PMSs and has to conduct regular review to ensure that its employees follow the relevant work procedures and guidelines.

Regular assessment

H(1) A licensed PMC has to periodically evaluate the work performance of its employees who provide PMSs in order to determine whether its employees have followed the relevant work procedures and guidelines and consider whether it is necessary to strengthen training or provide further guidance.

Taking appropriate follow-up actions

I(1) A licensed PMC has to take appropriate follow-up actions in respect of employees who fail to follow the relevant work procedures and guidelines.

Keeping records

J(1) A licensed PMC has to keep the relevant information and documents in relation to the implementation of the Code for not less than 3 years.

Supervising sub-contractors

K(1) If a licensed PMC sub-contracts all or part of its PMSs to a sub-contractor or a service provider, the licensed PMC has to supervise the sub-contractor or service provider suitably, no matter whether the sub-contractor or service provider is a licensee or not.

Note

The term “licensee” means the holder of the following licence: a PMC licence; a PMP (Tier 1) licence; a PMP (Tier 2) licence; a provisional PMP (Tier 1) licence; or a provisional PMP (Tier 2) licence.
The term “client” has the same meaning as defined in section 16 of the PMSO, i.e. “in relation to a property for which a licensed PMC provides property management services, means— (a) the owners’ organization of the property; and (b) the owners of the property who pay or are liable to pay the management expenses in respect of the services”. According to such definition, a tenant is not a client.

Complaint Handling Mechanism of Property Management Companies

Copy No.: C2/2021
Effective Date: 8 January 2021

Preamble

Code

Complaint procedures and systems

A(1) A licensed property management company (“licensed PMC”) has to establish an effective complaint² handling mechanism (“mechanism”) for each property for which property management services (“PMSs”) are provided by it. A notice containing details of the mechanism shall be displayed in a prominent place in the property so as to enable the licensed PMC’s clients³ to know the details of the mechanism.

A(2) The notice mentioned in paragraph A(1) of the Code shall include the details of the mechanism and the following matters:

Ways of lodging a complaint;
Clients may obtain details of the mechanism⁴;
Personal information collection statement; and
Contact information of the person-in-charge (see paragraph B(1) of the Code).

A(3) The mechanism shall include the following elements:

Appointing a person-in-charge to supervise the handling of complaints;
Acknowledging receipt of and recording complaints;
Handling complaints promptly;
Notifying complainant of progress and result timely; and
Proper record-keeping and providing complaint information.

Appointing a person-in-charge to supervise the handling of complaints

B(1) A licensed PMC has to, for each property for which PMSs are provided by it, appoint a licensed PMP (“person-in-charge”) to supervise the handling of complaints and display the name, licence number and telephone number and/or email address of the person-in-charge in a prominent place in the property.

Acknowledging receipt of and recording complaints

C(1) Subject to paragraph E(3) of the Code, upon receipt of a complaint, the person-in-charge has to, as soon as reasonably practicable, arrange to assign a case number to the complaint, record its brief facts in the complaint register⁵, acknowledge receipt of the complaint and provide the case number to the complainant⁶.

C(2) The person-in-charge has to ensure that the following information is recorded in the complaint register: the name of the complainant (if provided); brief facts of the complaint and the date on which the complaint is recorded.

C(3) The person-in-charge has to check the complaint register regularly and rectify or arrange for rectification of any error found as soon as reasonably practicable.

Handling complaints promptly

D(1) Upon receipt of a complaint, a licensed PMC has to, as soon as reasonably practicable, carry out follow-up actions in accordance with the mechanism. However, a licensed PMC may not deal with an anonymous complaint⁷.

D(2) Subject to paragraph E(3) of the Code, if a licensed PMC is unable to handle the complaint (e.g. the person under complaint is not a staff member of the licensed PMC or the matter of complaint is outside the scope of the PMSs provided by the licensed PMC), the licensed PMC has to, with the consent of the complainant, refer the complaint to the relevant person or organization (e.g. management committee or owners’ committee) or advise the complainant to contact the relevant person or organization directly.

Notifying complainant of progress and result timely

E(1) Subject to paragraph E(3) of the Code, a licensed PMC has to timely notify the complainant the progress of follow-up action(s) taken.

E(2) Subject to paragraph E(3) of the Code, a licensed PMC has to, at the conclusion of follow-up action(s) taken, notify the complainant of the result, explain to the complainant the relevant follow-up action(s) taken (if any) and the reasons for reaching the conclusion (if applicable).

E(3) If the complainant is not a client or is an anonymous complainant, the licensed PMC is not required to contact or notify the complainant in accordance with the guidelines set out in paragraphs C(1), D(2), E(1) and E(2) of the Code. However, the licensed PMC still has to act in accordance with other guidelines of the Code.

Proper record-keeping and providing complaint information

F(1) A licensed PMC has to keep properly all relevant complaint information⁸ and documents for not less than 3 years commencing from the date of receipt of a complaint (no matter whether the complaint is established or not). A licensed PMC has to, upon written request (if any) by the owners’ organization, provide yearly statistical information on complaints (including the nature of complaints, the sub-total and total number of complaints) to the owners’ organisation.

Note

The term “licensee” means the holder of the following licence: a PMC licence; a PMP (Tier 1) licence; a PMP (Tier 2) licence; a provisional PMP (Tier 1) licence; or a provisional PMP (Tier 2) licence.
A licensed PMC is not required to follow the Code if it reasonably believes that a person has only made an enquiry or provided opinion or information, but has not made a complaint. A complaint may be lodged by a named or an anonymous person and such person includes a client, a user or a visitor of the relevant property. Complaints may be lodged through different ways, including complaint made verbally, by telephone, fax or email, etc. If a licensed PMC reasonably believes that the identity of a complainant cannot be ascertained through the information the complainant has provided, it may deal with the complaint as if it were an anonymous complaint.
The term “client” has the same meaning as defined in section 16 of the PMSO, i.e. “in relation to a property for which a licensed PMC provides property management services, means— (a) the owners’ organization of the property; and (b) the owners of the property who pay or are liable to pay the management expenses in respect of the services”. According to such definition, a tenant is not a client.
A licensed PMC may, after receipt of payment of a reasonable copying fee, provide a copy of the mechanism to a client.
The complaint register may be in electronic form. Licensed PMCs may set up separate complaint registers for different parts of the property (e.g. residential area, club house, etc.).
The guidelines on the requirement to contact a complainant apply to the situation where the complainant has provided contact information. If the complainant has not provided any contact information, the guidelines on contacting a complainant set out in paragraphs C(1), D(2), E(1) and E(2) of the Code do not apply.
Although a licensed PMC may not deal with an anonymous complaint, it is still required to record such a complaint in the complaint register in accordance with paragraph C(1) of the Code.
Relevant information includes records of verbal and telephone communication with the complainants.

Criteria for a specified academic qualification

Having an academic qualification specified by the Property Management Services Authority (PMSA) is one of the criteria for holding a property management practitioner licence. In determining whether to specify an academic qualification, the PMSA will consider the following factors:

Level and credits under the Hong Kong Qualifications Framework

In general, a degree or equivalent qualification must have a minimum of 150 QF Credits at QF Level 5 or above, while an associate degree, a diploma or an equivalent qualification, must have a minimum of 90 QF Credits at QF Level 4 or above.

Relevance to the property management profession

The PMSA uses the “Vocational Qualifications Pathway” (VQP) formulated by the Property Management Industry Training Advisory Committee as an assessment tool. In general, a learning program must cover at least four out of the seven functional areas and one of the areas covered must be “Law in Practice”. In addition, the competency requirements covered by the program must be those formulated for the post of “property manager” (for a PMP (Tier1) licence) or “property officer” (for a PMP (Tier 2) licence) under the VQP. A functional area is not considered covered by the program unless the number of competency requirements under that functional area meets or exceeds that specified by the PMSA as follows:

Competency requirements under VOP	Units of competency requirements for property manager	Units of competency requirements for property officer
1. Management of the property environment	Minimum 3	Minimum 3
2. Building repair and maintenance / improvement and enhancement	Minimum 2	Minimum 2
3. Property management services for owners, tenants and the community	Minimum 3	Minimum 3
4. Facility management	Minimum 2	Minimum 1
5. Law in practice	All required units	All required units
6. Finance and asset management	Minimum 1	Minimum 1
7. Human resources management	Minimum 2	Minimum 2

Making an application

Organisations or educational institutions wishing to have their learning programs so specified may make an application (form in Chinese only) with the PMSA.

Note: For details of the functional areas and units of competency of the competency requirements for the positions of property managers and property officers, please refer to: https://www.hkqf.gov.hk/pm/en/vqp/pathways/index.html。

General Code of Conduct

Code No.：C1/2020
Effective Date：7 August 2020

Preamble

The following code of conduct (Code) is issued by the Property Management Services Authority (PMSA) pursuant to section 5 of the Property Management Services Ordinance (PMSO) and contains practical guidance for the purposes of section 4 of the PMSO (disciplinary offence). Although a licensee does not incur a legal liability only because the licensee has contravened a provision of the Code, the Code is admissible in evidence in disciplinary hearings, and proof that a licensee contravened or did not contravene the relevant provision of the Code may be relied on as tending to establish or negate a matter that is in issue in the hearings.

Code

A licensee must not commit misconduct or neglect in a professional respect.
A licensee must provide services to the licensee’s clients with honesty, fidelity and integrity.
A licensee must, to the best of the licensee’s knowledge, provide accurate and relevant information or advice to the licensee’s clients to facilitate them to make informed judgments and decisions.
A licensee must establish proper procedures and systems to manage and supervise the property management services provided by the licensee.
A licensee must, in the course of the licensee’s practice, act in an impartial and just manner towards the licensee’s clients and any other parties concerned.
A licensee should avoid conflict of interests with the licensee’s clients. In the event of possible or potential conflict of interests (whether pecuniary or beneficial interest), a licensee must as soon as reasonably practicable disclose to the licensee’s clients in detail such interests.
A licensee must not maliciously injure the reputation, nor publicly disparage the practice, of other property management services providers.
A licensee must not do anything which may bring disrepute to the property management profession.
A licensee must, in the course of the licensee’s practice, comply with the laws of Hong Kong.

Note

The term “licensee” means the holder of a PMC licence; a PMP (Tier 1) licence; a PMP (Tier 2) licence; a provisional PMP (Tier 1) licence; or a provisional PMP (Tier 2) licence.
The term “client” has the same meaning as defined in section 16 of the PMSO. Section 16 of the PMSO provides: “client (客戶), in relation to a property for which a licensed PMC provides property management services, means— (a) the owners’ organization of the property; and (b) the owners of the property who pay or are liable to pay the management expenses in respect of the services.”
To determine whether a licensee has acted in accordance with paragraphs (3) and (4) of the Code, the PMSA will consider the terms of the relevant contract entered into between the licensee and the licensee’s client in order to determine the scope of property management services to be provided and the duties to be carried out by the licensee.

According to the PMSO, the PMSA requires that a member of the PMSA must disclose to the PMSA any interest that the member has which is of a class or description determined by the PMSA. The PMSO also provides that the PMSA is to establish and maintain a register relating to any such disclosed interests which it must make available for inspection through the Internet.

The purpose of maintaining and publishing a register of interests is not specified in the PMSO. Nonetheless, the PMSA infers that the purpose is to enhance transparency and to ensure objectivity, fairness and public confidence in the decision-making of the PMSA.

The register of interests may contain personal data as defined in the Personal Data (Privacy) Ordinance. By accessing the register for this Member, you acknowledge the above stated purposes of the register and undertake not to use the personal data for any other purposes.

To view the register for this Member, please click “Continue”.

Examples of the application of the minimum manning ratios

The criteria for holding a property management company (PMC) licence are:

Criterion 1: The PMC must engage at least one licensed PMP (Tier 1) (whether part-time or full-time), who has effective control of the provision of property management services by the PMC; and

Criterion 2: The PMC must engage a number of full-time licensed PMPs that meets the minimum manning ratios specified by the PMSA.

The minimum manning ratios are:

Below are some examples of how the manning ratios are applied:

Example	Number of flats in the portfolio	The required number of full-time licensed PMPs engaged
		Tier 1	Tier 2	Total
A	0	0	0	0
B	1,500	1	1	2
C	1,501	1	2	3
D	3,000	1	2	3
E	3,001	2	3	5
F	5,900	2	4	6
G	20,000	7	14	21

In Example A, the PMC does not have any property in its portfolio. One reason could be that the PMC is newly established and has not entered into any management contract yet. Another reason could be that the PMC has outsourced all property management services to another licensed PMC (subcontractor) in which case the property in question is deemed to be in the portfolio of the subcontractor (more examples of outsourcing may be found here). In these cases, the PMC is not required to engage any licensed PMP, but for it to hold a PMC licence, it must still fulfil criterion 1 stated above.

If the licensed PMP (Tier 1) who fulfils criteria 1 is engaged on a full-time basis, then he or she may be included in the staff of full-time licensed PMPs for the purpose of meeting the minimum manning ratios.

A PMC may choose to engage an equal number of licensed PMP (Tier 1), instead of licensed PMP (Tier 2), to fulfill the minimum manning ratio for licensed PMP (Tier 2). For example, a PMC in Example D stated above may choose to engage a total of three licensed PMPs (Tier 1) instead of one licensed PMP (Tier 1) and two licensed PMPs (Tier 2).

“Flats” are defined as any premises in a building which are referred to in a deed of mutual covenant (DMC) whether described therein as a flat or by any other name and whether used as a dwelling, shop, factory, office or for any other purpose, of which the owner, as between himself and owners or occupiers of other parts of the same building, is entitled to the exclusive possession. Properties without a DMC are not to be included in the portfolio for the purpose of the minimum manning ratios. More information about how the number of flats should be calculated may be found here.

Licensing Regime

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