Housing Managers Registration Bill

Provide for the registration of professional housing managers, the disciplinary control of the professional activities of registered professional housing managers and for related matters.

Enacted by the Legislative Council.

PART I
Preliminary

1. Short title

This Ordinance may be cited as the Housing Managers Registration Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires---

"Board" (管理局) means the registration board established by section 3;

"Chairman" (主席) means the Chairman of the Board elected under section 5;

"disciplinary offence" (違紀行為) means an act or omission set out in section 20(1);

"General Council" (理事會) means the General Council of the Institute;

"inquiry committee" (研訊委員會) means an inquiry committee established under section 21;

"Institute" (學會) means The Hong Kong Institute of Housing incorporated by section 3 of The Hong Kong Institute of Housing Ordinance (Cap. 507);

"member of the Institute" (學會會員) means a person who is a corporate member under the constitution of the Institute;

"register" (註冊紀錄冊) means the register of registered professional housing managers established under section 7;

"registered address" (註冊地址) means the address of a registered professional housing manager currently entered in the register;

"registered professional housing manager" (註冊專業房屋經理) means a person whose name is currently entered in the register;

"Registrar" (註冊主任) means the Registrar of registered professional housing managers appointed under section 10;

"registration committee" (註冊事務委員會) means a registration committee appointed under section 16;

"review committee" (覆核委員會) means a review committee appointed under section 25(2).

PART II
Housing Managers Registration Board

3. Constitution of the Board

(1) There is established a board to be known as the Housing Managers Registration Board which shall be a body corporate having perpetual succession and a common seal.

(2) The Board shall consist of not more than 16 members---

(a) not less than 12 of whom shall be appointed by the General Council; and

(b) not more than 2 members as the Chief Executive may appoint.

(3) Notice of every appointment made under this section shall be published in the Gazette.

(4) No person may be appointed under subsection (2)(a) as a member of the Board unless he is a member of the Institute.

4. Tenure of office

(1) A member appointed by the General Council---

(a) shall be appointed for 2 years or such lesser period as may be specified in the terms of his appointment;

(b) may resign by giving notice in writing to the Board; and

(2) A member---

(a) who has been a member of the Board appointed by the General Council continuously for 6 years; or

(b) whose period of service as a member of the Board appointed by the General Council exceeds 6 years in total in any period of 10 consecutive years, may not be reappointed until a period of 2 years since he last served has elapsed when he shall be eligible for reappointment as if he had not previously been appointed.

(3) A member who has been appointed by the Chief Executive shall hold office at the Chief Executive's discretion.

(4) If the Board is satisfied that a member of the Board appointed by the General Council---

(a) has become bankrupt or has entered into a composition or scheme of arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap. 6);

(b) has become so incapacitated by physical or mental illness as to be unable to carry out his duties as a member;

(d) has been sentenced to imprisonment, whether suspended or not, by any court or magistrate;

(e) has been found guilty of a disciplinary offence; or

(f) notwithstanding any of the other grounds for removal, is, in the opinion of the Board, unable or unfit to carry out his functions as a member of the Board, the Board may by notice in writing terminate his appointment.

(5) Where any member of the Board appointed by the General Council or by the Chief Executive is precluded by temporary absence or incapacity from carrying out his functions as a member for any period or resigns, the General Council or the Chief Executive, as the case may be, shall appoint another person to hold office in place of such member---

(a) in the case of a temporary absence or incapacity, during the period of temporary absence or incapacity; or

(b) in the case of a resignation, for the balance of the period for which the resigning member was due to serve.

5. Chairman

(1) The Board shall elect a Chairman and a Vice-chairman each year from among the members and not more than 15 months shall elapse between the date of one election and the next.

(2) A member elected as Chairman or Vice-chairman under subsection (1) may at any time, by notice in writing to the Board, resign from the office of Chairman or Vice-chairman.

6. Proceedings

(1) The Chairman, or in his absence, the Vice-chairman, may appoint the time and place for the Board to meet.

(2) The Registrar shall, or a member of the Board may, on the written requisition of not less than 3 members, give notice of a meeting of the Board to be held not sooner than 7 days but within 28 days from receipt of the requisition and appoint the time and place for that purpose.

(3) The Board shall meet at least once every 6 months and as often as may be necessary to transact the business of the Board.

(4) The Board shall not transact business at a meeting other than to adjourn unless there is a quorum of one half of the members of the Board present.

(5) The Board may make rules, not inconsistent with this section, setting out the procedures to be followed at meetings.

(6) The Board shall lodge a copy of any rules made under subsection (5) with the Director of Administration.

7. Functions of the Board

The Board shall---

(a) establish and maintain a register of registered professional housing managers;

(b) set, review and publish for general information the qualification standards for registration as a registered professional housing manager and related registration matters;

(d) examine and verify the qualifications of persons who apply for registration as registered professional housing managers;

(e) receive, examine, accept or reject applications for registration and renewal of registration as a registered professional housing manager;

(f) deal with disciplinary offences in accordance with this Ordinance;

(g) keep proper records of its proceedings and accounts; and

(h) carry out such other functions as this Ordinance may provide.

8. Powers of the Board

(1) The Board may---

(a) establish committees to advise the Board on the carrying out of the powers and duties of the Board;

(b) employ persons to assist with the carrying out of its functions under this Ordinance;

(d) set and publish for general information the fees payable to it under or by virtue of this Ordinance;

(e) issue and publish for general information a code of professional conduct or practice for registered professional housing managers;

(f) set and publish for general information the principles for and scales of reimbursement of reasonable expenses incurred by persons attending to the business of the Board.

(2) The Board may make rules which provide for any further thing required under or by virtue of this Ordinance.

9. No fees payable to Board members

No fees shall be paid to any member of the Board for his services as a member.

PART III
Register and Certificates

10. Appointment and duties of Registrar

(1) The Board shall appoint a person to be Registrar upon such terms and conditions as it thinks fit.

(2) The Registrar shall---

(a) be responsible for the custody of the register; and

(b) serve as secretary to the Board, and, subject to any rules made by the Board, the registration committee and any inquiry committee and review committee.

11. Form of register

(1) The Registrar shall, in accordance with the directions of the Board, keep the register in which he shall enter in respect of every registered professional housing manager---

(a) the name and address of the registered professional housing manager;

(b) the qualification on which his registration is based; and

(2) The register shall be available to any person for inspection free of charge at the office of the Institute at such reasonable times as the Board may direct.

(3) A person whose name is entered in the register shall within 28 days notify the Registrar of any change in the particulars prescribed by subsection (1).

(4) The Board shall not charge a fee to amend the register.

12. Qualifications for registration

(1) The Board shall not register a person as a registered professional housing manager unless---

(a) he---

(i) is a member of the Institute; or

(ii) is a member of a housing management body the membership of which is accepted by the Board as being of a standard not less than that of a member of the Institute; or

(iii) has passed such examination in housing management and other subjects and has received such training and experience as the Board may accept, either generally or in a particular case, as a qualification of a standard not less than that of a member of the Institute; and

(b) he satisfies the Board that he has had not less than 1 year's relevant professional experience in Hong Kong immediately before the date of his application for registration; and

(d) he is not the subject of an inquiry committee or a disciplinary order under Part IV which precludes him from being registered under this Ordinance; and

(e) he satisfies the Board by declaration in writing that he is competent to practise housing management; and

(f) he is a fit and proper person to be registered.

(2) Without limiting the effect of subsection (1)(f), the Board may refuse to register a person as a registered professional housing manager who---

(a) has been convicted in Hong Kong or elsewhere of any offence which may bring the profession into disrepute and sentenced to imprisonment, whether suspended or not; or

(b) has committed misconduct or neglect in a professional respect.

(3) Where the Board is satisfied by an applicant that he is competent to practise housing management and the Board is later satisfied that the person is not competent to practise as such, the Board may refer the matter to an inquiry committee who shall deal with it as if it were a complaint under section 21(1).

13. Application for registration

(1) A person shall apply for registration as a registered professional housing manager in such form and manner as the Board may specify.

(2) An applicant shall pay to the Board at the time of lodging his application the fee for an application for registration.

(3) The Board may, in its discretion, require an applicant to undertake such examination under section 12(1)(a)(iii) of his knowledge of housing management and professional matters.

14. Acceptance or rejection of registration

(1) The Board may accept or reject an application for registration or renewal of registration under this Ordinance.

(2) Where the Board accepts or rejects an application for registration or renewal of registration, the Registrar shall act in accordance with rules made by the Board.

(3) Where the Board rejects an application for registration or renewal of registration, it shall give to the applicant an adequate statement of reasons for the rejection.

15. Expiry of registration and renewal

(1) The entry in the register of a person as a registered professional housing manager under this Ordinance---

(a) shall remain in force for 12 months from the date when he was registered;

(b) may be renewed annually by application of the person so registered.

(2) A registered professional housing manager shall apply for renewal of registration to the Registrar in the form specified by the Board not earlier than 3 months and not later than 28 days prior to the expiry of the current registration.

(3) A registered professional housing manager shall pay to the Board the fee for an application for renewal of registration at the time of applying for renewal of registration.

(4) If a registered professional housing manager does not apply for renewal of registration before the expiry of his current registration---

(a) the Registrar shall, on the expiry of the current registration, note in the register that registration has not been renewed; and

(b) the person shall be deemed not to be currently on the register from the date of expiry of his registration.

(5) The Board may reject an application for renewal if it is satisfied that the applicant does not continue to comply with the requirements for registration set out in section 12.

(6) Where a registered professional housing manager fails to renew his registration within time, the Board may extend the time for renewal of registration if the registered professional housing manager pays to the Board the fee for the extension of time.

(7) Any grant of extension of time by the Board shall not affect any offence under any other Ordinance that the person who has failed to renew on time may commit as a result of the failure.

(8) If the registration of a registered professional housing manager has expired and he applies for renewal of his registration, the Board may treat that application as being an application for registration or may require him to reapply for registration instead of dealing with the application for renewal of his registration.

16. Registration committee

(1) The Board may appoint a registration committee of not less than 5 members of the Institute to examine the qualifications of applicants.

(2) The Chief Executive may nominate a person to be a member of the registration committee, and, if a person is so nominated, the Board shall appoint him to the committee.

(3) The registration committee shall make recommendations to the Board on the acceptability of the qualifications which require the Board's acceptance under section 12(1)(a)(ii) or (iii).

(4) The Board shall not be bound by a recommendation of the registration committee under subsection (3).

(5) The Board may delegate any of its functions relating to registration and the renewal of registration to the registration committee.

17. Certificate of registration

The Registrar may, on payment by a registered professional housing manager to the Board of the fee, issue to the registered professional housing manager a certificate of registration or a certificate of renewal of registration in the form specified by the Board.

18. Notice to the Board on leaving Hong Kong

A registered professional housing manager shall notify the Board, in writing, if he is likely to be absent from Hong Kong for a continuous period of more than 6 months.

19. Removal of name from the register

(1) The Registrar may remove the name of a registered professional housing manager from the register if he has notice that the registered professional housing manager has---

(a) died;

(b) applied to discontinue his registration;

(d) failed to renew his registration;

(e) ceased to hold a qualification by virtue of which he was registered; or

(f) failed to notify a change of particulars required under section 11(3).

(2) For the purposes of subsection (1)(c), if it appears to the Board that a registered professional housing manager has been absent from Hong Kong for a continuous period of 2 years or more, the Board need not consider him to be ordinarily resident in Hong Kong.

(3) Subject to section 26(2), the Registrar shall remove a name from the register if he receives an order of the Court of Appeal or an inquiry committee directing that the name be removed from the register.

(4) Where the Registrar intends to remove the name of a registered professional housing manager from the register under subsection (1)(c), (d), (e) or (f), he shall send notice of his intention by prepaid registered post to the registered address of the registered professional housing manager and shall not remove his name until the expiry of a period of 28 days after the date of posting the notice.

(5) If the Registrar gives notice to a registered professional housing manager that---

(a) the Board is of the opinion that he is not ordinarily resident in Hong Kong and, before the Registrar acts to remove his name from the register, the registered professional housing manager satisfies the Board that he is ordinarily resident in Hong Kong;

(b) he has not applied to renew his registration and, before the Registrar acts to remove his name from the register, the registered professional housing manager properly applies to renew his registration;

(c) he has ceased to hold a qualification by virtue of which he was registered and, before the Registrar acts to remove his name from the register, the registered professional housing manager satisfies the Board that he holds the qualification; or

(d) he has failed to notify a change in particulars required under section 11(3) and, before the Registrar acts to remove his name from the register, the registered professional housing manager takes such action as will remedy the defect in the register,

the Registrar shall not remove the name from the register for the reason set out in the notice referred to in subsection (4).

(6) If the name of a registered professional housing manager is removed from the register, his registration is to be cancelled and he shall return any certificate issued in respect of his registration to the Registrar.

(7) The Board shall not be liable to refund to a person any fee, or any part of any fee, on the removal of his name from the register.

(8) The Registrar may correct any error apparent on the face of the register.

PART IV
Disciplinary Proceedings

20. Disciplinary offences

(1) A registered professional housing manager commits a disciplinary offence if he---

(a) commits misconduct or neglect in any professional respect;

(b) has been convicted of an offence under this Ordinance;

(d) was not at the time of his registration under this Ordinance entitled to be registered;

(e) without reasonable excuse, fails to attend before an inquiry committee when summoned either as a witness or as a person in respect of whom the inquiry committee is meeting; or

(f) has been convicted in Hong Kong or elsewhere of any offence which may bring the profession into disrepute and sentenced to imprisonment, whether suspended or not.

(2) If a person who has been guilty of misconduct or neglect in a professional respect or has been convicted of an offence under this Ordinance or has been convicted of an offence which may bring the profession into disrepute and sentenced to imprisonment, informs the Board of such misconduct, neglect or conviction when he applies for registration or renewal of registration and the Board subsequently accepts the person for registration or renewal of registration, that person shall not, for the purposes of registration or renewal of registration, be considered as having committed a disciplinary offence in respect of the disclosed misconduct, neglect or conviction.

(3) Where the Registrar receives a complaint concerning a disciplinary offence, the Registrar shall submit the facts to 2 members of the Board appointed by the Board for the purpose, and the members, in consultation with the Registrar, shall determine whether the complaint should be referred to the Board.

21. Inquiry committee and rules of conduct

(1) The Board may refer any complaint concerning a disciplinary offence to an inquiry committee for decision, and for that purpose the Board may establish an inquiry committee of not less than 3 members of the Institute to determine whether or not the registered professional housing manager in respect of whom the complaint is made has committed a disciplinary offence.

(2) The Board may make rules providing for the conduct of its inquiries by an inquiry committee and for other matters relating to the investigation of an alleged disciplinary offence.

(3) The inquiry committee shall not proceed to hear evidence of a complaint concerning a disciplinary offence unless the registered professional housing manager in respect of whom the complaint is made is given 28 days' notice of the complaint and the date, time and place of the hearing.

(4) The registered professional housing manager referred to in subsection (3) shall be entitled to attend and hear all evidence produced at the hearing and may make representations or be represented either by a barrister or a solicitor and shall be provided with a copy of this Ordinance and any rules made under this section.

(5) The Board may make rules for the rehearing of an inquiry by an inquiry committee.

(6) Where a registered professional housing manager is alleged to have committed a disciplinary offence under section 20(1)(b) or (f), the inquiry committee---

(a) shall not be required to inquire whether the registered professional housing manager was properly convicted of the alleged offence; and

(b) may consider any record of the case in which a conviction was recorded and any other evidence which is relevant as showing the nature and gravity of the offence.

(7) The inquiry committee may, in deciding whether a person has committed a disciplinary offence, have regard to any code of professional conduct or practice issued and published by the Board or currently in use by the Institute.

22. Legal adviser

The Board may appoint a legal practitioner admitted under section 3, 4, 27 or 27A of the Legal Practitioners Ordinance (Cap. 159) who holds a valid current practising certificate to advise an inquiry committee and a review committee on any points of law and procedure that arise before, during or after the inquiry.

23. Disciplinary order of inquiry committee

(1) Where an inquiry committee finds that a registered professional housing manager committed a disciplinary offence, on confirmation by a review committee of the finding, or on the variation of the finding or any proposed order based on the recommendation of the review committee, the inquiry committee may make any one or more of the following orders---

(a) order the Registrar to remove the name of the registered professional housing manager from the register;

(b) order the Registrar to remove the name of the registered professional housing manager from the register for such period as the inquiry committee may think fit;

(c) reprimand the registered professional housing manager in writing and order the Registrar to record the reprimand on the register;

(d) order that an order made under this section be suspended, subject to such conditions as the inquiry committee may think fit, for a period not exceeding 2 years;

(e) order that the Board shall not accept an application from the registered professional housing manager for registration as a registered professional housing manager either for a fixed period or until the registered professional housing manager satisfies the Board that he should be registered;

(f) order that the Chairman admonish the registered professional housing manager orally;

(g) order the registered professional housing manager to pay all or part of the costs of any of the Registrar, the Board or the inquiry committee arising from the case if, but only if, the inquiry committee is satisfied that in all the circumstances of the case it would be unjust and inequitable not to do so.

(2) Costs payable by virtue of an order under subsection (1)(g) shall be recoverable as a civil debt.

(3) The inquiry committee may---

(a) assess the amount of any costs to be payable by virtue of an order under subsection (1)(g); or

(b) order that those costs be taxed on the basis of any one of the scale of costs specified in the First Schedule to the District Court Civil Procedure (Costs) Rules (Cap. 336 sub. leg.),
and the Schedules to Order 62 of the Rules of the High Court (Cap. 4 sub. leg.) shall with all necessary modifications, apply to the taxation and recovery of costs.

(4) For the purposes of this Ordinance (including sections 25 and 28), any assessment or order under subsection (3) shall be deemed to be part of the order under subsection (1)(g) to which it relates.

(5) The inquiry committee shall give an adequate statement of reasons for any assessment or order made under this section.

24. Powers in regard to obtaining of
evidence and conduct at inquiry

(1) An inquiry committee shall have power---

(a) to hear, receive and examine evidence on oath;

(b) to summon any person to attend the inquiry either as the person whose conduct is the subject of the inquiry or to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all just exceptions;

(c) subject to subsections (2) to (4), to admit to the inquiry or to exclude from the inquiry, the public or any member of the public or the media;

(d) to award any person summoned to attend the inquiry as a witness such sum, to be paid from the funds of the Board, as in the opinion of the inquiry committee has been reasonably expended by him in connection with his attendance.

(2) Where an inquiry committee, after consulting the registered professional housing manager, is satisfied that it is desirable to do so, it may by order---

(a) direct that a hearing or part of a hearing shall take place in private and give directions as to the persons who may be present; and

(b) give directions prohibiting or restricting the publication or disclosure to some or all of the persons who may be present, of evidence given before the inquiry committee or of any matter contained in any document lodged with the inquiry committee or received in evidence by the inquiry committee.

(3) In the making of an order under subsection (2), the inquiry committee, without affecting the generality of that subsection, shall in determining whether or not it is desirable to make an order, take into account any views of the registered professional housing manager including the private interests of and any claim as to privilege by the registered professional housing manager.

(4) For the purposes of this section, any question in relation to a claim by the registered professional housing manager as to privilege shall be a question of law.

(5) The Registrar shall sign summonses to witnesses.

(6) No person shall be required to answer any question or produce any document or other thing which, in the opinion of the inquiry committee, may tend to incriminate him.

(7) A witness shall, in respect of any evidence given by him before the inquiry committee, be entitled to the same privileges to which he would be entitled if he were giving evidence in court.

25. Review of disciplinary orders

(1) When an inquiry committee completes its hearing in respect of a disciplinary offence and makes a finding that a disciplinary offence has been committed, the Registrar shall forthwith forward the inquiry committee's decision and details of any order proposed to be made by the inquiry committee under section 23(1) to the Board for review.

(2) The Board shall appoint 3 of its members to sit with the Chairman as a review committee to review the decision of the inquiry committee.

(3) The Board shall not appoint a member of the inquiry committee to be a member of the review committee.

(4) The review committee may---

(a) confirm the decision and any proposed order of the inquiry committee;

(b) reverse a finding of guilt of the inquiry committee;

(d) remit the decision or any proposed order of the inquiry committee to the inquiry committee with directions to reconsider the decision or proposed order or both.

(5) The inquiry committee shall comply with the directions and recommendation, if any, of the review committee.

(6) The review committee shall give an adequate statement of reasons for any directions or recommendation given or made under this section.

26. Service of orders of inquiry committee

(1) The Registrar shall serve a copy of any order made under section 23(1), together with a copy of the inquiry committee's reasons, or serve notice that the inquiry committee has not found that the registered professional housing manager concerned committed a disciplinary offence, upon the registered professional housing manager who was the subject of the complaint, either personally or by registered post addressed to his registered address immediately when the Registrar receives---

(a) the report of the review committee, unless the inquiry committee is to reconsider its decision; or

(b) any order of the inquiry committee reviewed under section 25(4)(d).

(2) The Registrar shall not remove the name of the registered professional housing manager from the register before the expiry of a period of 3 months after the date of service of the order under subsection (1), and in the event of an appeal to the Court of Appeal under section 28 made before the expiry of the time provided in subsection (7)(b) of that section, shall await the decision of the Court of Appeal.

(3) Any person whose name has been removed from the register under this Ordinance may apply to the Board for the restoration of his name to the register, and the Board may, after such inquiry and subject to such conditions as it may consider desirable, allow or refuse the application.

(4) If the Board allows the application under subsection (3), it shall order the Registrar to restore the name of the applicant to the register on payment by the applicant of the prescribed fee.

27. Publication of disciplinary orders

(1) After the expiry of the time within which an appeal under section 28 against an order of an inquiry committee under section 23(1) may be made, or where in the case of an appeal the order is affirmed or varied or the appeal is abandoned, the Board---

(a) shall publish a copy of the order or the order as varied on appeal in at least one Chinese and one English language newspaper circulating daily in Hong Kong; and

(b) may publish the order or the order as varied on appeal in any other publication or manner as the Board thinks fit.

(2) Where an order is published under subsection (1), the Board---

(a) shall publish with such order sufficient particulars to acquaint the public with the nature of the matter to which the order relates; and

(b) may publish with such order an account of the proceedings of the inquiry committee.

(3) No action in damages for defamation shall lie against any person as a result of publishing an order and other particulars required or permitted under this section.

PART V
Appeals

28. Appeal to Court of Appeal

(1) Any person who is aggrieved by any decision or order made in respect of him under section 14(1), 15(5), 19(1) or 23(1) may appeal to the Court of Appeal.

(2) The Court of Appeal may affirm, reverse or vary the decision appealed against.

(3) Where a person appeals against a decision of an inquiry committee, the Court of Appeal shall consider the reasons of the inquiry committee and of the review committee and submissions upon the findings of fact and law of the inquiry committee made on behalf of the parties to the inquiry and may call for the original record of the evidence taken and any document put in evidence before the inquiry committee.

(4) The Court of Appeal may, upon special grounds being shown, consider any additional evidence not adduced before the inquiry committee.

(5) The decision of the Court of Appeal upon any appeal shall be final.

(6) The practice in relation to any appeal shall be subject to any rules of court made under the High Court Ordinance (Cap. 4).

(7) The Court of Appeal shall not have power to hear any appeal against a decision or order made under section 14(1), 15(5), 19(1) or 23(1) unless---

(a) in the case of a decision made under section 14(1), 15(5) or 19(1), notice of such appeal is given within 3 months after the applicant is notified in writing of the decision;

(b) in the case of an order made under section 23(1), notice of such appeal is given within 3 months of the service of the order under section 26.

(8) In deciding any appeal under this section the Court of Appeal may make such order for the payment of costs as it considers reasonable.

PART VI
Use of Title

29. Use of title

(1) A person whose name does not appear on the register shall not describe himself as a "registered professional housing manager" or "註冊專業房屋經理" or to use the initials "R.P.H.M.".

(2) The Board may apply to a judge for an order restraining any person whose name is not on the register from describing himself as a "registered professional housing manager" or "註冊專業房屋經理" or using the initials "R.P.H.M.".

(3) A person, including a firm or company, shall not use the description of "registered professional housing manager" or "註冊專業房屋經理" or the initials "R.P.H.M." unless---

(a) at each place where the person carries on the business of housing management, that business is conducted under the supervision of a registered professional housing manager who does not act at the same time in a similar capacity for any other person other than for a firm or company that has substantially the same beneficial ownership and management as the person (where the person is a firm or company);

(b) where the person carries on a multidisciplinary practice, that business, so far as it relates to housing management, is under the full time control and management of a registered professional housing manager who does not act at the same time in a similar capacity for any other person other than for a firm or company that has substantially the same beneficial ownership and management as the person (where the person is a firm or company).

(4) The Board may apply to a judge for an order restraining any person, including a firm or company, from using the description of "registered professional housing manager" or "註冊專業房屋經理" or the initials "R.P.H.M." if the person has not complied with subsection (3).

PART VII
Offences and Evidence

30. Offences and penalties

Any person who---

(a) having been summoned by an inquiry committee to attend as a witness or to produce a document or other thing under section 24 without reasonable excuse refuses or fails to do so;

(b) attends as a witness before an inquiry committee and, without lawful excuse, refuses or fails to answer any question put to him by the inquiry committee;

(d) obtains registration as a registered professional housing manager for himself or any other person by means of any misleading, false or fraudulent representation or statement, either orally or in writing;

(e) makes or causes to be made any falsification in the register;

(f) impersonates or falsely represents himself as being the person referred to in any certificate or document presented to the Board or an inquiry committee in connection with its functions under this Ordinance;

(g) falsely takes or uses any name, initials, title, addition or description implying that his name is entered in the register;

(h) not being a registered professional housing manager, uses or knowingly permits the use of in connection with his business or profession---

(i) the description "registered professional housing manager" or "註冊專業房屋經理";

(ii) the initials "R.P.H.M."; or

(iii) initials or abbreviations or words intended to cause, or which may reasonably cause, any person to believe that the person using them is on the register;

(i) not being on the register, advertises or represents himself as a registered professional housing manager or knowingly permits himself to be so advertised or represented;

(j) holds himself out to be ordinarily resident in Hong Kong at the time of making an application for registration when he is not so ordinarily resident, commits an offence and is liable to a fine at level 5 and to imprisonment for 1 year.

31. Certificate as evidence

A certificate, purporting to be signed by the Registrar, that the name of a person has or has not been entered in or has been removed or ordered to be removed from the register shall for all purposes, without further proof, be evidence of the facts stated in the certificate.

Explanatory Memorandum

This Bill establishes a system for registration of professional housing managers. It also provides for a method of disciplining registered professional housing managers who stray from reasonable professional standards. The Bill also protects the use of the expression "registered professional housing manager", "註冊專業房屋經理" and the initials "R.P.H.M.". The main provisions are as follows.

2. Clause 3 provides for a registration board. The members will be appointed by the General Council of The Hong Kong Institute of Housing. The Chief Executive may appoint up to 2 members of the Board, who need not be members of the Institute. 3. The Board shall set its own procedures and may make rules to this effect (clause 6).

4. Clause 7 details the functions of the Board which include the establishment and maintenance of the register, the dealing with disciplinary matters and the carrying out of any other functions prescribed by the Ordinance.

5. The Board has powers to set fees payable to it, to establish committees to advise the Board, to issue codes of professional conduct and to make rules as otherwise required under the Ordinance (clause 8).

6. The Board shall appoint a Registrar (clause 10) who shall keep the register (clause 11).

7. Qualifications for registration (clause 12) require an adequate academic and training background (clause 12(1)(a)) and relevant Hong Kong experience (clause 12(1)(b) and (c)) and the applicant to be a fit and proper person (clause 12(1)(d), (e) and (f)).

8. Clauses 13 and 14 deal with registration. Clause 15 specifies that registration is for 1 year and is renewable by application.

9. Clause 16 enables the Board to establish a committee to assist with routine registration and to advise on more complex registration issues.

10. As residency is relevant, a registered professional housing manager is required by clause 18 to give notice of absence from Hong Kong of more than 6 months.

11. The Registrar may remove names from the register in the circumstances set out in clause 19. If the registered professional housing manager has died or applied to discontinue registration, the Registrar will simply remove the name. If the removal relates to a non-compliance with a requirement, the Registrar is required to give notice of his intention to remove the name.

12. While "residency" and "non-residency" are questions of fact, clause 19(2) enables the Board to treat a person who is absent from Hong Kong for more than 2 years as being no longer ordinarily resident for the purposes of the Ordinance.

13. Part IV (clauses 20 to 27) sets up the procedures for dealing with disciplinary matters. Clause 20(1) defines "disciplinary offence".

14. A complaint is first checked by 2 members of the Board and the Registrar to see if there is any reason to refer the complaint to the Board (clause 20(3)). If a complaint is referred to the Board, it may appoint an inquiry committee (clause 21). The findings of the inquiry committee are reviewed by a separate review committee (clause 25) before the inquiry committee makes a final order (clause 23).

15. Part V provides for appeals to the Court of Appeal.

16. Part VI protects the title of a registered professional housing manager.

17. Part VII deals with offences and evidence.