Bills Committee on Building Management (Amendment) Bill 2005

Meeting on Friday, 24 November 2006, at 8:30 am
in Conference Room A of the Legislative Council Building

A G E N D A

I.Confirmation of minutes
(8:30 am - 8:35 am)

LC Paper No. CB(2)433/06-07
(issued on 21 November 2006)

-Minutes of meeting on 2 November 2006

II.Meeting with the Administration
(8:35 am - 10:25 am)

Clause-by-clause examination of the Bill

LC Paper No. CB(3)477/04-05
(issued on 1 April 2005)

-The Bill

LC Paper No. CB(2)3140/05-06(01)
(issued on 4 October 2006)

-Marked-up copy of the relevant provisions of the Building Management Ordinance to be amended by the Committee Stage amendments proposed by the Administration (as at 3 October 2006)

LC Paper No. CB(2)3140/05-06(02)
(issued on 3 October 2006)

-Revised draft Committee Stage amendments proposed by the Administration (as at 3 October 2006)

Outstanding issues to be discussed

LC Paper No. CB(2)446/06-07(01)
(English version attached, Chinese version to follow)

-Paper entitled "Supplementary Consolidated Response - The Administration's response to Members' Suggestions/Views on the Draft Building Management (Third Party Risks Insurance) Regulation"

Ref : HAD HQ IV 20/5/1
(issued by the Home Affairs Bureau/ Home Affairs Department in April 2005)

-Annexes B, E and F to Legislative Council Brief

LC Paper No. CB(2)1049/05-06(01)
(issued on 7 February 2006)

-Paper entitled "Borrowing Power of Owners' Corporations"

(A list of relevant papers previously issued is available on the LegCo website at http://www.legco.gov.hk/yr04-05/english/bc/bc58/agenda/bc581124.htm)

III.Any other business
(10:25 am - 10:30 am)

Council Business Division 2
Legislative Council Secretariat
23 November 2006

Relevant papers previously issued

The Bill and background information

Ref : HAD HQ IV 20/5/1
(issued by the Home Affairs Bureau/ Home Affairs Department in April 2005)

-Legislative Council Brief

Appendix III to LC Paper No. CB(2)1550/04-05
(issued on 13 May 2005)

-Marked-up copy of the relevant provisions of the Building Management Ordinance to be amended by the Bill

LC Paper No. LS57/04-05
(issued on 27 April 2005)

-Legal Service Division Report on the Bill

LC Paper No. CB(2)1550/04-05(01)
(issued on 13 May 2005)

-Background brief prepared by Legislative Council Secretariat

Papers provided by the Administration

LC Paper No. CB(2)1709/04-05(01)
(issued on 30 May 2005)

-Paper entitled "Incorporations of owners of house developments"

LC Paper No. CB(2)1709/04-05(02)
(issued on 30 May 2005)

-Supplementary information on District Building Management Liaison Teams and Building Management Resources Centres

LC Paper No. CB(2)1885/04-05(01)
(issued on 10 June 2005)

-Paper entitled "Mechanism for terminating the appointment of managers"

LC Paper No. CB(2)1885/04-05(02)
(issued on 10 June 2005)

-Paper entitled "Proposed new section 29A - Protection of members of management committee"

LC Paper No. CB(2)1885/04-05(03)
(Chinese version issued on 10 June 2005; English version issued on 28 October 2005)

-Administration's response to Hon CHOY So-yuk's letter dated 25 May 2005

LC Paper No. CB(2)2017/04-05(01)
(English version issued on 20 June 2005; Chinese version issued on 23 June 2005)

-Paper entitled "Alternative dispute resolution for building management disputes" provided by the Administration

LC Paper No. CB(2)2017/04-05(02)
(English version issued on 20 June 2005; Chinese version issued on 23 June 2005)

-Administration's response to issues raised at the meeting on 2 June 2005

LC Paper No. CB(2)2192/04-05(01)
(revised)(English version issued on 6 July 2005; Chinese version issued on 28 October 2005)

-Administration's response to issues raised at the meeting on 14 June 2005

LC Paper No. CB(2)2192/04-05(02)
(Chinese version issued on 6 July 2005; English version issued on 9 December 2005)

-Administration's response to Hon CHOY So-yuk's letter dated 16 June 2005

LC Paper No. CB(2)2192/04-05(03)
(issued on 6 July 2005)

-Major proposals of legislative amendments to the Building Management Ordinance

LC Paper No. CB(2)2617/04-05(01)
(English version issued on 7 February 2006; Chinese version issued on 28 September 2005)

-Administration's response to Hon WONG Kwok-hing's letter dated 22 July 2005

LC Paper No. CB(2)2617/04-05(02)
(issued on 28 September 2005)

-Administration's response to issues raised at the meeting on 23 June 2005

LC Paper No. CB(2)2617/04-05(03)
(issued on 28 September 2005)

-Administration's response to issues raised at the meeting on 12 July 2005

LC Paper No. CB(2)2617/04-05(04)
(issued on 28 September 2005)

-Paper entitled 'Interpretation of the term "Majority"' provided by the Administration

LC Paper No. CB(2)2617/04-05(05)
(issued on 28 September 2005)

-Paper entitled "Procurement by Owners' Corporations and Managers" provided by the Administration

LC Paper No. CB(2)222/05-06(01)
(English version issued on 28 October 2005; Chinese version issued on 9 November 2005)

-Response from the Administration on matters arising from the Bills Committee meetings on 4 October and 10 October 2005

LC Paper No. CB(2)222/05-06(02)
(issued on 28 October 2005)

-Paper entitled "Owners' Rights to Request the Chairman of an Owners' Corporation to Convene a General Meeting of the Corporation" provided by the Administration

LC Paper No. CB(2)222/05-06(03)
(issued on 28 October 2005)

-Administration's response to the views of the professional bodies in the building management sector

LC Paper No. CB(2)300/05-06(01)
(issued on 4 November 2005)

-Administration's response to the amendments proposed by Hon Ronny TONG

LC Paper No. CB(2)342/05-06(01)
(issued on 9 November 2005)

-Administration's response to the views of the deputations attending the meeting on 25 June 2005

LC Paper No. CB(2)657/05-06(01)
(issued on 9 December 2005)

-Paper entitled "Proposed formation of a committee (not owners' corporation) for owners of house developments"

LC Paper No. CB(2)833/05-06(01)
(English version issued on 9 January 2006; Chinese version issued on 24 January 2006)

-Administration's response to issues raised at the meeting on 4 January 2006

LC Paper No. CB(2)954/05-06(01)
(issued on 24 January 2006)

-Paper entitled 'Further Interpretation of the Term "Majority" - How Abstention Votes should be Counted' provided by the Administration

LC Paper No. CB(2)1182/05-06(01)
(issued on 20 February 2006)

-Paper entitled "Quorum of a Management Committee and Other Related Matters" provided by the Administration

LC Paper No. CB(2)1182/05-06(02)
(issued on 20 February 2006)

-Paper entitled "Matters arising from meeting on 26 January and 9 February 2006 - appointment of proxy" provided by the Administration

LC Paper No. CB(2)1322/05-06(02)
(issued on 6 March 2006)

-Paper entitled "Matters arising from meeting on 21 February 2006 - Procurement - How to fulfill the majority requirement" provided by the Administration

LC Paper No. CB(2)1322/05-06(03)
(issued on 6 March 2006)

-Paper entitled "Consequences for Non-Compliance with the Procurement Requirements" provided by the Administration

LC Paper No. CB(2)1747/05-06(01)
(issued on 20 April 2006)

-Paper entitled "Matters arising from meetings on 9 and 23 March 2006 - Matters relating to Procurement Requirements" provided by the Administration

LC Paper No. CB(2)1950/05-06(01)
(issued on 9 May 2006)

-Paper entitled "Matters arising from meeting on 15 December 2005" provided by the Administration

LC Paper No. CB(2)2097/05-06(01)
(issued on 22 May 2006)

-Paper entitled "Matters arising from meeting on 26 January 2006 - Communications among Owners" provided by the Administration

LC Paper No. CB(2)2254/05-06(01)
(English version only) (issued on 5 June 2006)

-The judgment of the case of WONG Wai-chun v SHING Sau-wan CACV 173/2004

LC Paper No. CB(2)2368/05-06(01)
(English version issued on 12 June 2006; Chinese version issued on 19 June 2006)

-Paper entitled "Consolidated Response - The Administration's response to Members' suggestions/views"

LC Paper No. CB(2)3038/05-06(01)
(issued on 19 September 2006)

-Paper entitled "Supplementary Consolidated Response - The Administration's response to Members' suggestions/views"

LC Paper No. CB(2)3038/05-06(02)
(issued on 19 September 2006)

-Paper entitled "Recovery of management fees"

LC Paper No. CB(2)3038/05-06(03)
(issued on 19 September 2006)

-Paper entitled "Apportionment of management fees"

LC Paper No. CB(2)3087/05-06(01)
(issued on 26 September 2006)

-Paper entitled "Sub-Deed of Mutual Covenant"

LC Paper No. CB(2)3111/05-06(01)
(issued on 28 September 2006)

-Draft Committee Stage amendments proposed by the Administration

LC Paper Nos. CB(2)311/06-07(01), (02) & (03)
(issued on 8 November 2006)

-Judgments of two court cases provided by the Administration

LC Paper No. CB(2)411/06-07(01)
(issued on 20 November 2006)

-Judgment of a court case provided by the Administration

Correspondence between the Legal Service Division and the Administration

LC Paper No. CB(2)1550/04-05(02)
(issued on 13 May 2005)

-Assistant Legal Adviser's letter dated 6 May 2005 to the Administration

LC Paper No. CB(2)1550/04-05(03)
(English version issued on 13 May 2005; Chinese version issued on 30 May 2005)

-Administration's reply letter dated 13 May 2005 to Assistant Legal Adviser's letter

LC Paper No. CB(2)1762/04-05(01)
(revised) (issued on 3 June 2005)

-Assistant Legal Adviser's letter dated 1 June 2005 to the Administration

LC Paper No. CB(2)1885/04-05(04)
(English version issued on 10 June 2005; Chinese version issued on 20 June 2005)

-Administration's reply letter dated 9 June 2005 to Assistant Legal Adviser's letter dated 1 June 2005

Written submissions

LC Paper No. CB(2)1550/04-05(04)
(Chinese version only) (issued on 13 May 2005)

-Submissions on the Building Management Ordinance (Cap. 344) made by a member of the public

LC Paper No. CB(2)1550/04-05(05)
(English version only) (issued on 13 May 2005)

-Submission on the technical aspects of the Bill made by a member of the public

LC Paper No. CB(2)2001/04-05(01)
(Chinese version only) (issued on 21 June 2005)

-Submission from Cheung Chau Kai-Fong Society

LC Paper No. CB(2)2001/04-05(02)
(Chinese version only) (issued on 21 June 2005)

-Submission from Mr LAI Man-chi, member of the Tuen Mun South East Area Committee 2004-2005

LC Paper No. CB(2)2001/04-05(03)
(Chinese version only) (issued on 21 June 2005)

-Submission from Mr TAM Kwok-hung, Chairman of Mei Foo Sun Chuen Residents Association

LC Paper No. CB(2)2001/04-05(04)
(Chinese version only) (issued on 21 June 2005)

-Submission from Ms CHAN Wai-ching, Yuen Long District Council member

LC Paper No. CB(2)2001/04-05(05)
(Chinese version only) (issued on 21 June 2005)

-Submission from Mr CHIU Hon-lai

LC Paper No. CB(2)2001/04-05(06)
(Chinese version only) (issued on 21 June 2005)

-Submission from Mr LO Yiu-kwong, Home Ownership Scheme flat owner

LC Paper No. CB(2)2001/04-05(07)
(Chinese version only) (issued on 21 June 2005)

-Submission from Ms KOT Mei-ping, Home Ownership Scheme flat owner

LC Paper No. CB(2)2001/04-05(08)
(Chinese version only) (issued on 21 June 2005)

-Joint submission from Mrs Mary V.T. KUO, Mr Lawrence CHEUNG Yin-fan and Mrs CHEUNG Lee Yue-kan

LC Paper No. CB(2)2001/04-05(09)
(Chinese version only) (issued on 21 June 2005)

-Submission from The Incorporated Owner of Kam Fung Garden

LC Paper No. CB(2)2001/04-05(10)
(English version only) (issued on 21 June 2005)

-Submission from Ms Grace CHUNG (circulation restricted to members only)

LC Paper No. CB(2)2001/04-05(11)
(Chinese version only) (issued on 21 June 2005)

-Submission from Sai Kung District Council

LC Paper No. CB(2)2001/04-05(12)
(Chinese version only) (issued on 21 June 2005)

-Submission from Mr WONG Cho-ki, Tuen Mun North West Area Committee member

LC Paper No. CB(2)2001/04-05(13)
(Chinese version only) (issued on 21 June 2005)

-Submission from Association for Owners' Building Management Right

LC Paper No. CB(2)2001/04-05(14)
(Chinese version only) (issued on 21 June 2005)

-Submission from Mr WONG Kit

LC Paper No. CB(2)2001/04-05(15)
(English version only) (issued on 21 June 2005)

-Submission from Taikoo Shing (Management) Limited

LC Paper No. CB(2)2001/04-05(16)
(Chinese version only) (issued on 21 June 2005)

-Submission from Hong Kong Sandwich Class Housing Association

LC Paper No. CB(2)2001/04-05(17)
(English version only) (issued on 21 June 2005)

-Submission from Swire Properties

LC Paper No. CB(2)2001/04-05(18)
(Chinese version only) (issued on 21 June 2005)

-Submission from the Federation of Hong Kong & Kowloon Labour Unions

LC Paper No. CB(2)2001/04-05(19)
(Chinese version only) (issued on 21 June 2005)

-Submission from Mr CHAN Sai-nam, Chairman, owners' committee

LC Paper No. CB(2)2001/04-05(20)
(Chinese version only) (issued on 21 June 2005)

-Submission from Mr CHAN Moon-tong, Kwun Tong Central Area Committee member

LC Paper No. CB(2)2001/04-05(21)
(Chinese version only) (issued on 21 June 2005)

-Submission from Mr C.T.LO

LC Paper No. CB(2)2001/04-05(22)
(Chinese version only) (issued on 21 June 2005)

-Submission from The Incorporated Owners of Hibiscus Park

LC Paper No. CB(2)2001/04-05(23)
(Chinese version only) (issued on 21 June 2005)

-Submission from Mr LAM Ho-yeung, Yau Tsim Mong District Council member

LC Paper No. CB(2)2062/04-05(01)
(Chinese version only) (issued on 23 June 2005)

-Submission from the Democratic Party

LC Paper No. CB(2)2062/04-05(02)
(English version only) (issued on 23 June 2005)

-Submission from Miss Amy YUNG, Islands District Council member

LC Paper No. CB(2)2062/04-05(03)
(Chinese version issued on 23 June 2005; English version issued on 24 June 2005 )

-Submission from Wan Chai District Council

LC Paper No. CB(2)2062/04-05(04)
(Chinese version only) (issued on 23 June 2005)

-Submission from Ms LAU Fuk-yu, Kwun Tong West Area Committee member

LC Paper No. CB(2)2082/04-05(01)
(Chinese version only) (issued on 24 June 2005)

-Submission from Mr Jack WONG Shing-kwong

LC Paper No. CB(2)2102/04-05(01)
(issued on 27 June 2005)

-Submission from the Hong Kong Institute of Surveyors

LC Paper No. CB(2)2102/04-05(02)
(Chinese version only) (issued on 27 June 2005)

-Submission from the Hong Kong Housing Society

LC Paper No. CB(2)2102/04-05(03)
(Chinese version only) (issued on 27 June 2005)

-Submission from the Housing Managers Registration Board

LC Paper No. CB(2)2102/04-05(04)
(English version only) (issued on 27 June 2005)

-Submission from the Hong Kong Association of Property Management Companies Limited

LC Paper No. CB(2)2128/04-05(01)
(Chinese version only) (issued on 28 June 2005)

-Submission from Sha Tin District Council

LC Paper No. CB(2)2128/04-05(02)
(Chinese version only) (issued on 28 June 2005)

-Submission from Sham Shui Po District Council

LC Paper No. CB(2)2128/04-05(03)
(Chinese version only) (issued on 28 June 2005)

-Submission from Mr Jack WONG Shing-kwong

LC Paper No. CB(2)2128/04-05(04)
(Chinese version only) (issued on 28 June 2005)

-Submission from Mr YIP Ping-lam, Secretary of The Incorporated Owners of Mei Foo Sun Chuen-Stage VI

LC Paper No. CB(2)2128/04-05(05)
(Chinese version only) (issued on 28 June 2005)

-Submission from Hong Kong Owners Club Ltd

LC Paper No. CB(2)2128/04-05(06)
(Chinese version only) (issued on 28 June 2005)

-Submission from the Incorporation Owners of Tak Tin Estate

LC Paper No. CB(2)2139/04-05(01)
(English version only) (issued on 29 June 2005)

-Submission from the Hong Kong Institute of Housing

LC Paper No. CB(2)2139/04-05(02)
(English version only) (issued on 29 June 2005)

-Submission from the Chartered Institute of Housing Asian Pacific Branch

LC Paper No. CB(2)2139/04-05(03)
(English version only) (issued on 29 June 2005)

-Submission from Hong Kong Federation of Insurers

LC Paper No. CB(2)2149/04-05(01)
(English version only) (issued on 29 June 2005)

-Submission from the Law Society of Hong Kong

LC Paper No. CB(2)2149/04-05(02)
(English version only) (issued on 29 June 2005)

-Submission from Real Estate Developers Association of Hong Kong

LC Paper No. CB(2)2169/04-05(01)
(English version only) (issued on 4 July 2005)

-Submission from the Hong Kong Institute of Surveyors

LC Paper No. CB(2)2169/04-05(02)
(English version only) (issued on 4 July 2005)

-Submission from the Urban Renewal Authority

LC Paper No. CB(2)2169/04-05(03)
(English version only) (issued on 4 July 2005)

-Submission from Mr Edwin HUI

LC Paper No. CB(2)2559/04-05(01)
(English version issued on 9 September 2005; Chinese version issued on 12 October 2005)

-A summary of views of the professional bodies in the building management sector prepared by the Legislative Council Secretariat

LC Paper No. CB(2)268/05-06(01)
(Chinese version issued on 2 November 2005; English version to follow)

-A summary of views of deputations attending the meeting on 25 June 2005 prepared by the Legislative Council Secretariat

LC Paper No. CB(2)1327/05-06(01)
(English version only) (issued on 7 March 2006)

-Submission from MTR Corporation

LC Paper No. CB(2)2300/05-06(01)
(English version only) (issued on 7 June 2006)

-Submission from Swire Properties

LC Paper No. CB(2)2300/05-06(02)
(Chinese version only) (issued on 7 June 2006)

-Submission from Association of Concerning Building Management of Yuen Long District

LC Paper No. CB(2)2300/05-06(03)
(Chinese version only) (issued on 7 June 2006)

-Submission from the Association of Owners of the Gold Mine Building in Chai Wan

LC Paper No. CB(2)2300/05-06(04)
(Chinese version only) (issued on 7 June 2006)

-Submission from Association for Owners' Building Management Rights

LC Paper No. CB(2)2300/05-06(05)
(Chinese version only) (issued on 7 June 2006)

-Submission from Mr Stephen WONG

LC Paper No. CB(2)2300/05-06(06)
(Chinese version only) (issued on 7 June 2006)

-Submission from Mr LAI Man-chi

LC Paper No. CB(2)2300/05-06(07)
(Chinese version only) (issued on 7 June 2006)

-Submission from Mr CHIU Hon-lai

LC Paper No. CB(2)3100/05-06(01)
(English version only) (issued on 27 September 2006)

-Submission from Hong Kong Institute of Certified Public Accountants

LC Paper No. CB(2)3125/05-06(01)
(Chinese version only) (issued on 29 September 2006)

-Submission from a member of public

LC Paper No. CB(2)3166/05-06(01)
(English version only) (issued on 10 October 2006)

-Submission from a member of public

LC Paper No. CB(2)121/06-07(01)
(Chinese version only) (issued on 19 October 2006)

-Submission from a member of public

LC Paper No. CB(2)272/06-07(01)
(Chinese version only) (issued on 6 November 2006)

-Submission from a group of property owners

Other papers

LC Paper No. CB(2)1722/04-05(01), (02) and (03)
(issued on 30 May 2005)

-Information on the Hong Kong Association of Property Management Companies Limited

LC Paper No. CB(2)1726/04-05(01)
(Chinese version only) (issued on 31 May 2005)

-A summary of complaint cases relating to the Building Management Ordinance handled by the Complaints Division from October 2000 to March 2005

LC Paper No. CB(2)1709/04-05(04)
(Chinese version issued on 30 May 2005; English translation issued on 4 October 2005)

-Letter dated 25 May 2005 from Hon CHOY So-yuk to the Administration

LC Paper Nos. CB(2)1954/04-05 (01) & (03)
(issued on 14 June 2005)

-Extract from the minutes of the meeting between Legislative Council Members and Island District Council (ISDC) members on 3 February 2005 and relevant papers submitted by an ISDC member

LC Paper No. CB(2)2017/04-05(03)
(Chinese version issued on 20 June 2005; English translation issued on 4 October 2005)

-Letter dated 16 June 2005 from Hon CHOY So-yuk to the Administration

LC Paper No. CB(2)2029/04-05(01)
(issued on 21 June 2005)

-A summary of a case relating to the Hong Lok Yuen Association and the incorporation of owners of house developments handled by the Complaints Division

LC Paper No. CB(2)2448/04-05(01)
(issued on 17 August 2005)

-Extract from the minutes of the meeting between Legislative Council Members and Yuen Long District Council members held on 5 May 2005

LC Paper No. CB(2)2264/04-05(01)
(issued on 13 July 2005) (English version only)

-Amendments to the Building Management Ordinance proposed by Hon Ronny TONG

LC Paper No. CB(2)2514/04-05(01)
(issued on 1 September 2005)

-Assistant Legal Adviser's comments on Hon Ronny TONG's proposed amendments

LC Paper No. CB(2)2617/04-05(06)
(issued on 28 September 2005)(Chinese version only)

-Letter dated 22 July 2005 from Hon WONG Kwok-hing to the Administration

LC Paper No. CB(2)390/05-06(01)
(issued on 16 November 2005)

-Relevant Committee Stage amendments proposed by Hon Albert HO during the scrutiny of the Building Management (Amendment) Bill 2000

LC Paper No. CB(2)1048/05-06(01)
(issued on 7 February 2006)

-Extract from minutes of the Legislative Council Members' meeting with Islands District Council members on 24 November 2005

LC Paper No. CB(2)1315/05-06(01)
(issued on 6 March 2006)

-A summary and relevant correspondences relating to a group of owners of a housing estate on 23 February 2006 handled by the Complaints Division

LC Paper No. CB(2)1322/05-06(01)
(issued on 6 March 2006)

-Paper entitled "Scrutiny progress of the Bill" prepared by the Legislative Council Secretariat (as at 23 February 2006)

LC Paper No. CB(2)2470/05-06(01)
(issued on 20 June 2006)

-Extract from the minutes of the meeting between Legislative Council Members and Wong Tai Sin District Council members held on 10 November 2005

LC Paper Nos. CB(2)3037/05-06(01) & (02)
(issued on 20 September 2006)

-Letter dated 2 August 2006 from Hon Emily LAU to the Secretary for Home Affairs and the Administration's reply letter dated 16 August 2006

Council Business Division 2
Legislative Council Secretariat
23 November 2006