Bills Committee on Building Management (Amendment) Bill 2005 (Agenda) 14 December 2006



Bills Committee on Building Management (Amendment) Bill 2005

Meeting on Thursday, 14 December 2006, at 4:30 pm
in Conference Room A of the Legislative Council Building

A G E N D A

I.Confirmation of minutes
(4:30 pm - 4:35 pm)

LC Paper No. CB(2)636/06-07
(issued on 12 December 2006)

-Minutes of meeting on 9 November 2006

II.Meeting with the Administration
(4:35 pm - 6:25 pm)

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)638/06-07(01)
(to follow)

-Administration's response to issues raised during the clause-by-clause examination of the Bill

LC Paper No. CB(2)638/06-07(02)
(to follow)

-Revised draft Committee Stage amendments proposed by the Administration (as at 13 December 2006)

LC Paper No. CB(2)638/06-07(03)
(to follow)

-Marked-up copy of the relevant provisions of the Building Management Ordinance to be amended by the revised Committee Stage amendments
(as at 13 December 2006)

(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/bc581214.htm)

III.Any other business
(6:25 pm - 6:30 pm)

Council Business Division 2
Legislative Council Secretariat
13 December 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)1049/05-06(01)
(issued on 7 February 2006)

-Paper entitled "Borrowing Power of Owners' Corporations"

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 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)

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

LC Paper No. CB(2)446/06-07(01)
(issued on 23 November 2006)

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

LC Paper No. CB(2)551/06-07(01)
(English version issued on 6 December 2006, Chinese version issued vide LC Paper No. CB(2)577/06-07 on 6 December 2006)

-Paper entitled "Building Management (Third Party Risks Insurance) Regulation"

LC Paper No. CB(2)551/06-07(02)
(issued on 6 December 2006)

-Paper entitled "Way Forward on the Proposal about Borrowing Power of Owners' Corporations"

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

LC Paper Nos. CB(2)450/06-07(01)&(02)
(Chinese version only) (issued on 23 November 2006)

-Two submissions from members of the public

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
13 December 2006