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Licensing Regime

Licensing Regime

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

Subject to section 7 of the Property Management Services Ordinance (Cap. 626) (PMSO), PMCs providing properties (subject to deeds of mutual covenant) in Hong Kong with property management services falling within more than one category of the prescribed property management services after the transitional period are required to be licensed. The exception under section 7(6) of the PMSO does not apply to the PMC in question because it is neither the owner of the properties concerned nor an individual. Therefore, if the PMC in question provides properties (subject to deeds of mutual covenant) in Hong Kong with property management services falling within more than one category of the prescribed property management services, it is required to be licensed, regardless of whether the properties are held by its holding company or not.

The PMSA has stipulated in the Property Management Services (Licensing and Other Matters) Regulation (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.

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.

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 and assumes managerial or supervisory role in the property management services provided by the PMC to a property, the PMP is required to hold a PMP licence. Other PMPs (i.e. those who do not assume managerial or supervisory role, including “front-line staff”, such as security guards in the management office, cleaning attendants in estates etc.) are not required to hold PMP licence.

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.

“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. In addition, please refer to the following for more information about work experience.

For information on how to calculate the period of “work experience in property management” in order to comply with the relevant licensing criterion, please click here. Furthermore, if a PMP has been or is currently engaged in property management work in places in China other than Hong Kong (that is, including the Mainland, Macau and Taiwan) and was engaged in property management work in Hong Kong immediately before that job, please refer to Question 9 and Question 10.

If an applicant, before submitting an application, was engaged in property management work in places in China other than Hong Kong (including the Mainland, Macau and Taiwan) and had been engaged in property management work in Hong Kong immediately before the aforesaid work, his/her work experience in providing property management services in places in China other than Hong Kong cannot be counted, but the relevant years of work experience that can be counted can be extended accordingly.  That is, the period that can be counted would be extended according to the years of work (whether continuous or intermittent) in providing property management services in places in China other than Hong Kong, subject however to a maximum of 4 years.

If the applicant applies for a PMP (Tier 1) licence through Route 1, the applicant must have a minimum of 3 years of work experience in property management within the 10 years Note 1 (i.e. 6 years + 4 years) immediately before the licence application.  If the applicant submits an application for a PMP (Tier 1) licence on 1 October 2021, the period that could be counted would be from 1 October 2011 to 30 September 2021.  Since the applicant was engaged in property management work in Hong Kong from 2011 to 2016, he/she has 3 years or more of work experience in property management in Hong Kong, and therefore fulfils the relevant work experience criterion for holding a PMP (Tier 1) licence.

If the applicant applies for a PMP (Tier 1) licence through Route 2, the applicant must have a minimum of 5 years of work experience in property management within the 12 years Note 2 (i.e. 8 years + 4 years) immediately prior to the licence application. Similarly, if the applicant submits an application for a PMP (Tier 1) licence on 1 October 2021, the period that could be counted would be from 1 October 2009 to 30 September 2021.  Since the applicant was engaged in property management work in Hong Kong from 2009 to 2016, he/she has 5 years or more of work experience in property management in Hong Kong, and therefore fulfils the relevant work experience criterion for holding a PMP (Tier 1) licence.

Please note that the period that can be counted would be extended up to 4 years, that is, if the applicant has been engaged in property management work in places in China other than Hong Kong for 6 years, the period that could be counted would only be extended by 4 years.

 

The work experience in property management means full time work experience in property management for properties in Hong Kong, and involving provision of services under two or more categories of property management services.

If an applicant, before submitting the application, was engaged in property management work in places in China other than Hong Kong (that is, including the Mainland, Macau and Taiwan) and had been engaged in property management work in Hong Kong immediately before the aforesaid work, the applicant may refer to this example beforehand, and calculate the period that can be counted according to his/her situation.  If an applicant has any questions about calculation of work experience, please email the question to lic@pmsa.org.hk for enquiry.

Note 1: According to the calculation of the relevant criterion (see paragraph 1), the period (i.e. 4 years) of providing property management services in Shanghai (i.e. places in China other than Hong Kong) of the applicant can be added to the calculation of the period of the years of work experience (for application for a PMP (Tier 1) licence through Route 1, i.e. the 6 years immediately before licence application, plus 4 years of work experience in property management in Shanghai, resulting in a total of 10 years).

 

Note 2: According to the calculation of the relevant criterion (see paragraph 1), the period (i.e. 4 years) of providing property management services in Shanghai (i.e. places in China other than Hong Kong) of the applicant can be added to the calculation of the period of the years of work experience (for application for a PMP (Tier 1) licence through Route 2, i.e. the 8 years immediately before licence application, plus 4 years of work experience in property management in Shanghai, resulting in a total of 12 years).

If an applicant, before submitting an application, was engaged in property management work in places in China other than Hong Kong (including the Mainland, Macau and Taiwan) and had been engaged in property management work in Hong Kong immediately before the aforesaid work, his/her work experience in providing property management services in places in China other than Hong Kong cannot be counted, but the relevant years of work experience that can be counted can be extended accordingly.  That is, the period that can be counted would be extended according to the years of work (whether continuous or intermittent) in providing property management services in places in China other than Hong Kong, subject however to a maximum of 4 years.

If the applicant applies for a PMP (Tier 2) licence through Routes 1 or 2, the applicant must have a minimum of 2 years of work experience in property management within the 9 years Note 1 (i.e. 5years + 4years) immediately before the licence application.  If the applicant submits an application for a PMP (Tier 2) licence on 1 October 2021, the period that could be counted would be from 1 October 2012 to 30 September 2021.  Since the applicant was engaged in property management work in Hong Kong from 2012 to 2015 and from 2020 to 2021, he/she has 2 years or more of work experience in property management in Hong Kong, and therefore fulfils the relevant work experience criterion for holding a PMP (Tier 2 ) licence.

If the applicant applies for a PMP (Tier 2) licence through Route 3, the applicant must have a minimum of 4 years of work experience in property management within the 12 years Note 2 (i.e. 8 years + 4 years) immediately prior to the licence application. Similarly, if the applicant submits an application for a PMP (Tier 2) licence on 1 October 2021, the period that could be counted would be from 1 October 2009 to 30 September 2021.  Since the applicant was engaged in property management work in Hong Kong from 2011 to 2015 and from 2020 to 2021, he/she has 4 years or more of work experience in property management in Hong Kong, and therefore fulfils the relevant work experience criterion for holding a PMP (Tier 2) licence.

Please note that the period that can be counted would be extended up to 4 years. As such, although the applicant has been engaged in property management work in places in China other than Hong Kong for 5 years, the period that could be counted would only be extended by 4 years.

The work experience in property management means full time work experience in property management for properties in Hong Kong, and involving provision of services under two or more categories of property management services.

If an applicant, before submitting the application, was engaged in property management work in places in China other than Hong Kong (that is, including the Mainland, Macau and Taiwan) and had been engaged in property management work in Hong Kong immediately before the aforesaid work, the applicant may refer to this example beforehand, and calculate the period that can be counted according to his/her situation.  If an applicant has any questions about calculation of work experience, please email the question to lic@pmsa.org.hk for enquiry.

Note 1: According to the calculation of the relevant criterion (see paragraph 1), the applicant has provided property management services in Macau (i.e. places in China other than Hong Kong) for 5 years, while the countable period can be extended is 4 years (for application for a PMP (Tier 2) licence through Routes 1 or 2, i.e. the 5 years immediately before licence application, plus a maximum of 4 years of work experience in property management in Macau), resulting in a total of 9 years.

Note 2:  According to the calculation of the relevant criterion (see paragraph 1), the applicant has provided property management services in Macau (i.e. places in China other than Hong Kong) for 5 years, while the countable period can be extended is 4 years (for application for a PMP (Tier 2) licence through Route 3, i.e. the 8 years immediately before licence application, plus a maximum of 4 years of work experience in property management in Macau), resulting in a total of 12 years.

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).

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).

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).

Pursuant to Schedule 1 to the Property Management Services Ordinance and Schedule 1 to the Property Management Services (Licensing and Related Matters) Regulation, there are seven prescribed categories of property management services. However, the experience in teaching property management courses does not belong to any prescribed categories of property management services even though the courses may cover such services. As such, the work experience of being a lecturer of a property management course is not regarded as property management work experience, and therefore could not meet the criteria for work experience in property management for the purpose of licence application.

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.

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”).

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.

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

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)

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.

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.

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.
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.
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.

The licensing regime came into operation on 1 August 2020. PMCs and related PMPs may 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. After the transitional period ends on 1 August 2023, it is an offence for PMCs and related PMPs to provide property management services without a licence. During the transitional period, PMCs and related PMPs may choose, but are not required, to hold a licence.

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, for example, 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 of the car parking space, is a flat for the purposes of the Property Management Services Ordinance (Cap.626) (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. Therefore, there are 352 flats in DMC.

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. Therefore, there are 5 flats in DMC.

If the relevant deed of mutual covenant states that the rooftop and the flat underneath each has undivided shares, they should be counted as two flats.

If the DMC manager PMC provides properties (subject to deeds of mutual covenant) in Hong Kong with PMSs falling within more than one category of the prescribed PMSs under the Property Management Services Ordinance, it is required to apply for a PMC licence regardless of whether it has outsourced the relevant services or not.

However, if the DMC manager PMC has outsourced all the relevant PMSs to other licensed PMC(s), and if the outsourced licensed PMC(s) concerned has/have already included the number of flats involved in the calculation of its/their own minimum manning ratios for licensed property management practitioners (PMPs), then the DMC manager PMC may exclude the number of flats concerned in the calculation for meeting its own minimum manning ratios for licensed PMPs.

The item regarding “engaging one or more licensed PMC(s) to provide any PMSs to the property concerned” as stated in the application form actually asks whether the applicant has outsourced to other licensed PMCs the PMSs it is required to provide. Therefore, if the relevant PMC provides PMSs to the property or any part of it on its own, it will not be regarded as “engaging one or more licensed PMC(s) to provide any PMSs to the property concerned”, and it may also disregard whether the other parts included in the DMC (such as car parks or shopping malls) are managed by other licensed PMC(s).

Section 17(1) of the Property Management Services Ordinance (Cap. 626) and section 14 of and Schedule 4 to the Property Management (Licensing and Related Matters) Regulation stipulate that licensees must, within 31 days after any change of the prescribed matters (including change of director(s)) takes place, notify the PMSA in writing in the forms specified by the PMSA and accompanied by the supporting documents which the PMSA may from time to time specify.

Licensees are required to comply with certain requirements set out in the Property Management Services Ordinance (Cap.626) and the Property Management Services (Licensing and Related Matters) Regulation (Cap.626B), including the conditions imposed on a PMC licence. One of the conditions imposed on a PMC licence requires the PMC to continue to meet the criteria for holding the licence, that is, the PMC is required to engage at least one licensed PMP (Tier 1) (whether part-time or full-time) who has effective control of the provision of PMSs by the PMC concerned, and the PMC is also required to engage a number of full-time licensed PMPs that meets the minimum manning ratios specified by the PMSA. As there is no grace period stipulated in the relevant ordinance, licensed PMCs should recruit sufficient manpower to cope with the turnover of licensed PMPs to ensure compliance with the relevant criteria at any time.

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:

  • the level and credits of the qualification under the Hong Kong Qualifications Framework;
  • the relevance of the qualification to the property management profession; and
  • any other factors considered relevant by the PMSA.
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 units of competency 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:

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, regardless of whether the programs are designed in accordance with the units of competency required for the post of “property manager” (for a PMP (Tier 1) licence) or “property officer” (for a PMP (Tier 2) licence) under the VQP.

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。

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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

  1. A licensee must not commit misconduct or neglect in a professional respect.
  2. A licensee must provide services to the licensee’s clients with honesty, fidelity and integrity.
  3. 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.
  4. A licensee must establish proper procedures and systems to manage and supervise the property management services provided by the licensee.
  5. 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.
  6. 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.
  7. A licensee must not maliciously injure the reputation, nor publicly disparage the practice, of other property management services providers.
  8. A licensee must not do anything which may bring disrepute to the property management profession.
  9. A licensee must, in the course of the licensee’s practice, comply with the laws of Hong Kong.

 

Note

  1. 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.
  2. 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.”
  3. 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.
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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

  1. 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.
  2. 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.
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Complaint Handling Mechanism of Property Management Companies

Copy No.: C2/2021
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

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

  1. 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.
  2. 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.
  3. 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.
  4. A licensed PMC may, after receipt of payment of a reasonable copying fee, provide a copy of the mechanism to a client.
  5. 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.).
  6. 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.
  7. 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.
  8. Relevant information includes records of verbal and telephone communication with the complainants.

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”.

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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”.

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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”.

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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”.

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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”.

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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”.

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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”.

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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”.

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Name of Professional Body： Hong Kong Institute of Certified Property Managers
Class of Membership： Fellow Member (Practising)

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”.

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Name of Professional Body： Hong Kong Institute of Real Estate Administrators
Class of Membership： Member of “Property & Facilities Management Division” (For the period of June 2021 to June 2022, the name is “Property Management Division”)

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”.

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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”.

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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”.

Continue

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”.

Continue

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”.

Continue

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”.

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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”.

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Name of Professional Body Building Services Operation and Maintenance Executives Society
Class of Membership Property and Facility Management Stream

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”.

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