LC Paper No. LS 223/98-99
Paper for the House Committee MeetingObjects of the Bill
of the Legislative Council
on 9 July 1999
Legal Service Division Report on
Housing Managers Registration Bill
To provide for the registration of housing managers and the disciplinary control of the professional activities of registered professional housing managers, and to protect the use of title "registered professional housing managers".
LegCo Brief Reference
2. HB(CR)5/4/17 issued by the Housing Bureau.
Date of First Reading
3. 7 July 1999.
4. In December 1998, the Honourable Edward HO gave notice to the Legislative Council of his intention to present the Bill. Subsequently, he has agreed with the Administration that the Bill be introduced as a Government Bill.
5. The Bill proposes to establish a Housing Managers Registration Board for the purposes of registration of housing managers and disciplinary control of those registered. The Board would consist of not less than 12 members who are corporate members of The Hong Kong Institute of Housing ("HKIH") and not more than 2 members appointed by the Chief Executive.
6. The qualifications for registration are set out in Clause 12 of the Bill. The requirements include membership of the HKIH, or of a housing management body of a similar standard, or attainment of professional qualifications recognized by the Board, together with one year of relevant experience in Hong Kong. The applicant must be an ordinary resident in Hong Kong and a fit and proper person.
7. The disciplinary proceedings set out in the Bill involve the checking of complaint by 2 members of the Board, a hearing before an inquiry committee, review of findings of that inquiry committee by a review committee and the making of a disciplinary order. A person aggrieved by such disciplinary order or by any decision relating to the application for registration or removal of name from the register may appeal to the Court of Appeal.
8. The Bill prohibits persons who are not registered from using the title "registered professional housing manager" or the initials "R.P.H.M.", but does not prevent such persons from practising. The Bill would not create a "close-shop" situation as registration is not a pre-requisite for employment as a housing manager.
9. The Bill is drafted along the same lines as the Architects Registration Ordinance (Cap. 408), the Engineers Registration Ordinance (Cap. 409), the Surveyors Registration Ordinance (Cap. 417), the Planners Registration Ordinance (Cap. 418) and the Landscape Architects Registration Ordinance (Cap. 516).
10. According to the LegCo Brief, the Hong Kong Institute of Real Estate Administration, the Hong Kong Association of Property Management Companies and related trade organisations have been consulted. The proposed registration system has received wide support from the profession.
Consultation with the LegCo Panel
11. The Administration has briefed members of the LegCo Panel on Housing on 7 June 1999.
12. The Legal Service Division is in the course of studying the technical aspects of the Bill and would follow up in the usual manner.
Wong Sze-man, Bernice
Assistant Legal Adviser
Legislative Council Secretariat
5 July 1999