Gazettal of Orders for Three Cases of Disciplinary Hearing by the Property Management Services Authority

The Property Management Services Authority (PMSA) will, pursuant to Section 26(3)(b) of the Property Management Services Ordinance (Cap. 626) (PMSO), publish in the Gazette tomorrow the notices in respect of the disciplinary orders made against three licensees by the Disciplinary Committee (DC) of the PMSA under Section 26(1) of the PMSO.

The disciplinary hearing was held by the DC on 6 December 2023. The hearing concerned the disciplinary offences (as mentioned below) committed by three property management practitioners (PMP) (Tier 2) licence holders (licensees).  Having considered all relevant information and the admission of the allegations by the three licensees, the DC unanimously ruled that the allegations in respect of the concerned disciplinary offences were substantiated, and in accordance with Section 26(1) of the PMSO, disciplinary orders were made in respect of the offences.  The details are as follows:

Licensee 1
The licensee was involved in two allegations.  The first allegation concerned the disciplinary offence committed by the licensee under Section 4(c) of the PMSO, i.e., the licensee contravened a requirement in the PMSO that is applicable to him and that he did not notify the PMSA in writing in accordance with the prescribed manner specified under Section 17(1) of the PMSO for his criminal record involving secretly taking upskirt photos of a female.  The second allegation concerned the disciplinary offence committed by the licensee under Section 4(f) of the PMSO, as he was convicted in Hong Kong of the above said criminal offence that may bring the profession of property management services into disrepute and is punishable with imprisonment (whether or not he was sentenced to imprisonment).  The licensee admitted the said two allegations in the disciplinary hearing.  For the said two disciplinary offences, the DC made the Orders of verbal warning and written reprimand against the licensee respectively.

Licensee 2
The disciplinary offence of the licensee concerned the contravention of Section 4(f) of the PMSO, as he, during the period of holding his licence, was convicted in Hong Kong of a criminal offence involving secretly taking upskirt photos of a female, and the offence may bring the profession of property management services into disrepute and is punishable with imprisonment (whether or not he was sentenced to imprisonment).  The licensee admitted the said allegation in the disciplinary hearing.  For the said disciplinary offence, the DC made the Order of written reprimand against the licensee.

Licensee 3
The disciplinary offence of the licensee concerned the contravention of Section 4(b) of the PMSO.  The licensee was convicted of the criminal offence of “committing an act outraging public decency” under common law prior to his application for a PMP (Tier 2) licence.  His conviction record was later unveiled to the PMSA and it was accepted that the licensee did not intentionally conceal his conviction.  However, the criminal offence involved dishonesty, which would affect as to whether the licensee should be considered as continue to be a suitable person to hold a PMP (Tier 2) licence, and thus, he did not meet the prescribed condition imposed on his licence by the PMSA pursuant to Section 11(a) of the Property Management Services (Licensing and Related Matters) Regulation (Cap. 626B).  The licensee admitted the said allegation in the disciplinary hearing.  For the said disciplinary offence, the DC made the Order of severe written reprimand against the licensee.

Chairperson of the PMSA Dr James WONG said, “As the statutory regulatory body of the property management industry, the PMSA deals with all contraventions of disciplinary offences by licensees under the PMSO seriously.  The PMSA has the responsibility to conduct disciplinary hearing in respect of the current cases.  Industry stakeholders should be alerted so as not to commit any disciplinary offence.”

The register of licensees on the PMSA website (https://pmsa.org.hk/en/licensing-regime/registers-of-licensees/ ) has also set out the information of the disciplinary offences in respect of the three licensees.

Ends/Thursday, 25 January 2024
Issued at HKT 16:00
NNNN