Cap 344 - BUILDING MANAGEMENT ORDINANCE 1
Chapter: 344 BUILDING MANAGEMENT ORDINANCE Gazette Number Version Date
Long title 30/06/1997
To facilitate the incorporation of owners of flats in buildings or groups of buildings, to provide for the management of
buildings or groups of buildings and for matters incidental thereto or connected therewith.
(Amended 27 of 1993 s. 2)
[19 June 1970]
(Originally 62 of 1970)
Part: I SHORT TITLE AND INTERPRETATION 30/06/1997
Section: 1 Short title 30/06/1997
This Ordinance may be cited as the Building Management Ordinance.
(Amended 27 of 1993 s. 3)
Section: 2 Interpretation L.N. 92 of 2007 01/08/2007
In this Ordinance, unless the context otherwise requires-
"accountant" (會計師) means a certified public accountant (practising) within the meaning of the Professional
Accountants Ordinance (Cap 50); (Added 27 of 1993 s. 4. Amended 23 of 2004 s. 56)
"administrator" (管理人) means a person appointed as an administrator under section 30 or 31;
"Authority" (主管當局) means the Secretary for Home Affairs; (Added 27 of 1993 s. 4)
"authorized officer" (獲受權人員) means any public officer authorized in writing by the Authority in that behalf;
(Added 27 of 1993 s. 4)
"building" (建築物) means-
(a) any building which contains any number of flats comprising 2 or more levels, including basements or
underground parking areas;
(b) any land upon which that building is erected; and
(c) any other land (if any) which-
(i) is in common ownership with that building or land; or
(ii) in relation to the appointment of a management committee under section 3, 3A, 4 or 40C or any
application in respect thereof, is owned or held by any person for the common use, enjoyment
and benefit (whether exclusively or otherwise) of the owners and occupiers of the flats in that
building; (Replaced 27 of 1993 s. 4. Amended 5 of 2007 s. 3)
"Code of Practice" (工作守則) means any Code of Practice prepared, revised or issued from time to time by the
Authority under section 44; (Added 27 of 1993 s. 4. Amended 69 of 2000 s. 2)
"common parts" (公用部分) means-
(a) the whole of a building, except such parts as have been specified or designated in an instrument
registered in the Land Registry as being for the exclusive use, occupation or enjoyment of an owner;
and (Amended 8 of 1993 s. 2)
(b) unless so specified or designated, those parts specified in Schedule 1; (Amended 5 of 2007 s. 40)
"convenor" (召集人)-
(a) in relation to a meeting of owners convened under section 3, means the person referred to in section
3(1)(a) or (b) or the owner appointed under section 3(1)(c);
(b) in relation to a meeting of owners convened under section 3A, means the owner directed under section
3A(1);
(c) in relation to a meeting of owners convened under section 4, means the owner directed under section
Cap 344 - BUILDING MANAGEMENT ORDINANCE 2
4(1); or
(d) in relation to a meeting of owners convened under section 40C, means the owner named in the order
made under section 40C(1); (Added 5 of 2007 s. 3)
"corporation" (法團) means a corporation registered under section 8;
"deed of mutual covenant" (公契) means a document which-
(a) defines the rights, interests and obligations of owners among themselves; and
(b) is registered in the Land Registry; (Amended 8 of 1993 s. 2)
"estate" (屋邨) means the buildings or groups of buildings the subject of an application under section 34E(6); (Added
27 of 1993 s. 4)
"exempt estate" (獲轄免屋邨) means-
(a) any estate specified in Schedule 9; (Amended 5 of 2007 s. 40)
(b) any estate added to that Schedule under section 34E(6); (Added 27 of 1993 s. 4)
"flat" (單位) means any premises in a building which are referred to in a deed of mutual covenant whether described
therein as a flat or by any other name and whether used as a dwelling, shop, factory, office or for any other
purpose, of which the owner, as between himself and owners or occupiers of other parts of the same building, is
entitled to the exclusive possession;
"Land Registrar" (土地註冊處處長) includes, in relation to buildings on land in the New Territories, the Authority,
save that only the Land Registrar may specify forms; (Replaced 20 of 2002 s. 5)
"Land Registry" (土地註冊處) means the Land Registry established under the Land Registration Ordinance (Cap
128); (Replaced 20 of 2002 s. 5)
"management committee" (管理委員會) means a management committee appointed under section 3, 3A, 4 or 40C;
(Amended 27 of 1993 s. 4; 5 of 2007 s. 3)
"member" (委員), in relation to a management committee, means a person appointed as a member of the management
committee under section 14(2) or paragraph 2(1)(b), 5(2)(a), 6 or 6A of Schedule 2; (Added 5 of 2007 s. 3)
"occupier" (佔用人) means a tenant, sub-tenant or other person in lawful occupation of a flat, but does not include an
owner of that flat; (Added 27 of 1993 s. 4)
"owner" (業主) means-
(a) a person who for the time being appears from the records at the Land Registry to be the owner of an
undivided share in land on which there is a building; and (Amended 8 of 1993 s. 2)
(b) a registered mortgagee in possession of such share;
"register" (登記冊) means the register of corporations maintained under section 12;
"registered mortgagee" (已登記承按人) means-
(a) a person to whom an owner's interest in a building has been mortgaged or charged under a mortgage or
charge which has been registered in the Land Registry; and (Amended 8 of 1993 s. 2)
(b) a person in whose favour a charge upon a flat has been created by virtue of any Ordinance;
"share" (份數) means the share of an owner in a building determined in accordance with section 39;
"tenants' representative" (租客代表) means the tenants' representative appointed under section 15(1); (Added 27 of
1993 s. 4)
"tribunal" (審裁處) means the Lands Tribunal established under section 3 of the Lands Tribunal Ordinance (Cap 17).
(Added 27 of 1993 s. 4)
(Amended 27 of 1993 s. 4)
Section: 2A (Repealed 27 of 1993 s. 5) 30/06/1997
Section: 2B References to majority of votes L.N. 92 of 2007 01/08/2007
For the avoidance of doubt, in determining whether a resolution is passed by a majority of the votes of owners,
or members of a management committee, at a meeting convened under this Ordinance, the following shall be
disregarded—
(a) owners or members, as the case may be, who are not present at the meeting;
Cap 344 - BUILDING MANAGEMENT ORDINANCE 3
(b) owners or members, as the case may be, who are present at the meeting but do not vote;
(c) blank or invalid votes;
(d) abstentions.
(Added 5 of 2007 s. 4)
Part: II MANAGEMENT COMMITTEE 30/06/1997
Section: 3 Appointment of management committee L.N. 92 of 2007 01/08/2007
(1) A meeting of the owners to appoint a management committee may be convened by—
(a) any person managing the building in accordance with the deed of mutual covenant (if any); or
(b) any other person authorized to convene such a meeting by the deed of mutual covenant (if any); or
(c) one owner appointed to convene such a meeting by the owners of not less than 5% of the shares in
aggregate. (Replaced 5 of 2007 s. 5)
(2) At a meeting of owners convened under this section, the owners may, by a resolution—
(a) passed by a majority of the votes of the owners voting either personally or by proxy; and
(b) supported by the owners of not less than 30% of the shares in aggregate,
appoint a management committee. (Replaced 5 of 2007 s. 5)
(3) The convenor shall, at least 14 days before the date of the meeting of owners, give notice of the meeting to
each owner and—
(a) where the convenor is the person referred to in subsection (1)(a), to the person referred to in subsection
(1)(b) (if any);
(b) where the convenor is the person referred to in subsection (1)(b), to the person referred to in subsection
(1)(a) (if any); or
(c) where the convenor is the owner appointed under subsection (1)(c), to the person referred to in
subsection (1)(a) or (b) (if any). (Added 5 of 2007 s. 5)
(4) The notice of meeting shall specify—
(a) the date, time and place of the meeting; and
(b) the resolutions that are to be proposed at the meeting and are related only to the appointment of a
management committee and the incorporation of the owners. (Added 5 of 2007 s. 5)
(5) The notice of meeting may be given—
(a) in the case of an owner—
(i) by delivering it personally to the owner;
(ii) by sending it by post to the owner at his last known address; or
(iii) by leaving it at the owner’s flat or depositing it in the letter box for that flat; or
(b) in the case of a person referred to in subsection (1)(a) or (b)—
(i) by delivering it personally to the person; or
(ii) by sending it by post to the person at his last known address. (Added 5 of 2007 s. 5)
(6) The convenor shall also, at least 14 days before the date of the meeting of owners, display the notice of
meeting in a prominent place in the building. (Added 5 of 2007 s. 5)
(7) The convenor shall preside at a meeting of owners convened under this section. (Added 5 of 2007 s. 5)
(8) The quorum at a meeting of owners convened under this section shall be 10% of the owners. (Added 5 of
2007 s. 5)
(9) At a meeting of owners convened under this section—
(a) an owner shall, unless the deed of mutual covenant (if any) otherwise provides, have one vote in
respect of each share he owns;
(b) an owner may cast a vote personally or by proxy;
(c) where 2 or more persons are the co-owners of a share, the vote in respect of the share may be cast—
(i) by a proxy jointly appointed by the co-owners;
(ii) by a person appointed by the co-owners from amongst themselves; or
(iii) if no appointment is made under subparagraph (i) or (ii), either by one of the co-owners
personally or by a proxy appointed by one of the co-owners; and
Cap 344 - BUILDING MANAGEMENT ORDINANCE 4
(d) where 2 or more persons are the co-owners of a share and more than one of the co-owners seeks to cast
a vote in respect of the share, only the vote that is cast, whether personally or by proxy, by the co-
owner whose name, in order of priority, stands highest in relation to that share in the register kept at
the Land Registry shall be treated as valid. (Added 5 of 2007 s. 5)
(10) For the purposes of subsection (9)—
(a) the instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A, and—
(i) shall be signed by the owner; or
(ii) if the owner is a body corporate, shall, notwithstanding anything to the contrary in its
constitution, be impressed with the seal or chop of the body corporate and signed by a person
authorized by the body corporate in that behalf;
(b) the instrument appointing a proxy shall be lodged with the convenor at least 48 hours before the time
for the holding of the meeting;
(c) the instrument appointing a proxy is valid only if it is made and lodged in accordance with paragraphs
(a) and (b);
(d) a proxy appointed by an owner to attend and vote on behalf of the owner shall, for the purposes of the
meeting, be treated as being the owner present at the meeting; and
(e) where an instrument appointing a proxy is lodged with the convenor, the convenor shall—
(i) acknowledge receipt of the instrument by leaving a receipt at the flat of the owner who made the
instrument, or depositing the receipt in the letter box for that flat, before the time for the holding
of the meeting;
(ii) determine the validity of the instrument in accordance with paragraph (c); and
(iii) display information of the owner’s flat in a prominent place in the place of the meeting before
the time for the holding of the meeting, and cause the information to remain so displayed until
the conclusion of the meeting. (Added 5 of 2007 s. 5)
(11) Subject to subsection (12), the convenor shall keep all the instruments for the appointment of proxies that
have been lodged with him for a period of at least 12 months after the conclusion of the meeting. (Added 5 of 2007 s.
5)
(12) Where a management committee is appointed at a meeting of owners convened under this section—
(a) the convenor shall deliver to the management committee immediately after the conclusion of the
meeting all the instruments for the appointment of proxies that have been lodged with him; and
(b) the management committee shall keep the instruments for a period of at least 12 months after the
conclusion of the meeting. (Added 5 of 2007 s. 5)
(13) Subject to subsection (14), where a meeting of owners convened under this section is adjourned,
subsections (3), (4), (5), (6), (7), (8), (9), (10), (11) and (12) shall apply to the adjourned meeting as they apply to the
original meeting. (Added 5 of 2007 s. 5)
(14) Where a meeting of owners convened under this section is adjourned, a valid instrument appointing a proxy
made for the purposes of the original meeting shall remain valid for the purposes of the adjourned meeting unless—
(a) contrary intention is shown on the instrument;
(b) the instrument is revoked; or
(c) the instrument is replaced by a new instrument appointing a proxy. (Added 5 of 2007 s. 5)
(Amended 27 of 1993 s. 42)
Section: 3A Appointment of management committee after application
to the Authority
L.N. 92 of 2007 01/08/2007
(1) The Authority may, upon application by the owners of not less than 20% of the shares in aggregate, order
that a meeting of owners shall be convened, by such owner as the Authority may direct, to appoint a management
committee. (Amended 69 of 2000 s. 4; 5 of 2007 s. 42)
(2) Any person referred to in section 3(1)(a) or (b) shall be entitled to attend a meeting of owners convened
under this section.
(3) Subject to subsection (5), at a meeting of owners convened under this section, the owners may, by a
resolution passed by a majority of the votes of the owners voting either personally or by proxy, appoint a management
committee.
(3A) The convenor shall, at least 14 days before the date of the meeting of owners, give notice of the meeting to
Cap 344 - BUILDING MANAGEMENT ORDINANCE 5
each owner and the person referred to in section 3(1)(a) or (b) (if any). (Added 5 of 2007 s. 6)
(3B) The notice of meeting shall specify—
(a) the date, time and place of the meeting; and
(b) the resolutions that are to be proposed at the meeting and are related only to the appointment of a
management committee and the incorporation of the owners. (Added 5 of 2007 s. 6)
(3C) The notice of meeting may be given—
(a) in the case of an owner—
(i) by delivering it personally to the owner;
(ii) by sending it by post to the owner at his last known address; or
(iii) by leaving it at the owner’s flat or depositing it in the letter box for that flat; or
(b) in the case of a person referred to in section 3(1)(a) or (b)—
(i) by delivering it personally to the person; or
(ii) by sending it by post to the person at his last known address. (Added 5 of 2007 s. 6)
(3D) The convenor shall also, at least 14 days before the date of the meeting of owners, display the notice of
meeting in a prominent place in the building. (Added 5 of 2007 s. 6)
(3E) The convenor shall preside at a meeting of owners convened under this section. (Added 5 of 2007 s. 6)
(3F) The quorum at a meeting of owners convened under this section shall be 10% of the owners. (Added 5 of
2007 s. 6)
(3G) At a meeting of owners convened under this section—
(a) an owner shall, unless the deed of mutual covenant (if any) otherwise provides, have one vote in
respect of each share he owns;
(b) an owner may cast a vote personally or by proxy;
(c) where 2 or more persons are the co-owners of a share, the vote in respect of the share may be cast—
(i) by a proxy jointly appointed by the co-owners;
(ii) by a person appointed by the co-owners from amongst themselves; or
(iii) if no appointment is made under subparagraph (i) or (ii), either by one of the co-owners
personally or by a proxy appointed by one of the co-owners; and
(d) where 2 or more persons are the co-owners of a share and more than one of the co-owners seeks to cast
a vote in respect of the share, only the vote that is cast, whether personally or by proxy, by the co-
owner whose name, in order of priority, stands highest in relation to that share in the register kept at
the Land Registry shall be treated as valid. (Added 5 of 2007 s. 6)
(3H) For the purposes of subsection (3G)—
(a) the instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A, and—
(i) shall be signed by the owner; or
(ii) if the owner is a body corporate, shall, notwithstanding anything to the contrary in its
constitution, be impressed with the seal or chop of the body corporate and signed by a person
authorized by the body corporate in that behalf;
(b) the instrument appointing a proxy shall be lodged with the convenor at least 48 hours before the time
for the holding of the meeting;
(c) the instrument appointing a proxy is valid only if it is made and lodged in accordance with paragraphs
(a) and (b);
(d) a proxy appointed by an owner to attend and vote on behalf of the owner shall, for the purposes of the
meeting, be treated as being the owner present at the meeting; and
(e) where an instrument appointing a proxy is lodged with the convenor, the convenor shall—
(i) acknowledge receipt of the instrument by leaving a receipt at the flat of the owner who made the
instrument, or depositing the receipt in the letter box for that flat, before the time for the holding
of the meeting;
(ii) determine the validity of the instrument in accordance with paragraph (c); and
(iii) display information of the owner’s flat in a prominent place in the place of the meeting before
the time for the holding of the meeting, and cause the information to remain so displayed until
the conclusion of the meeting. (Added 5 of 2007 s. 6)
(3I) Subject to subsection (3J), the convenor shall keep all the instruments for the appointment of proxies that
have been lodged with him for a period of at least 12 months after the conclusion of the meeting. (Added 5 of 2007 s.
Cap 344 - BUILDING MANAGEMENT ORDINANCE 6
6)
(3J) Where a management committee is appointed at a meeting of owners convened under this section—
(a) the convenor shall deliver to the management committee immediately after the conclusion of the
meeting all the instruments for the appointment of proxies that have been lodged with him; and
(b) the management committee shall keep the instruments for a period of at least 12 months after the
conclusion of the meeting. (Added 5 of 2007 s. 6)
(3K) Subject to subsection (3L), where a meeting of owners convened under this section is adjourned,
subsections (3A), (3B), (3C), (3D), (3E), (3F), (3G), (3H), (3I) and (3J) shall apply to the adjourned meeting as they
apply to the original meeting. (Added 5 of 2007 s. 6)
(3L) Where a meeting of owners convened under this section is adjourned, a valid instrument appointing a proxy
made for the purposes of the original meeting shall remain valid for the purposes of the adjourned meeting unless—
(a) contrary intention is shown on the instrument;
(b) the instrument is revoked; or
(c) the instrument is replaced by a new instrument appointing a proxy. (Added 5 of 2007 s. 6)
(4) Any owner, or person referred to in section 3(1)(a) or (b), as the case may be, who wishes to oppose the
appointment of a management committee may, by notice given to the Authority at least 7 days before the date of the
meeting, object to the order convening the meeting of owners under this section.
(5) If, under subsection (4), the Authority receives-
(a) notices of objection from the owners of not less than 20% of the shares in aggregate; or (Amended 12
of 1998 s. 2)
(b) a notice of objection from a person referred to in section 3(1)(a) or (b) endorsed or otherwise supported
by the owners of not less than 20% of the shares in aggregate, (Amended 12 of 1998 s. 2; 69 of 2000
s. 4)
any order of the Authority under subsection (1) shall be of no effect and the Authority shall notify the convenor
accordingly who shall, so far as practicable, bring the notification to the attention of each owner or other person to
whom a notice has been given under subsection (3A). (Amended 5 of 2007 s. 42)
(6) Where any order of the Authority is of no effect by virtue of subsection (5) the Authority may advise the
applicant to apply to the tribunal under section 4(1)(a) or the Authority or an authorized officer may apply to the
tribunal under section 4(1)(b).
(Added 27 of 1993 s. 6. Amended 5 of 2007 s. 6)
Section: 4 Appointment of management committee after application
to tribunal
L.N. 92 of 2007 01/08/2007
(1) The tribunal may, upon application by—
(a) the owners of not less than 10% of the shares in aggregate; or (Amended 69 of 2000 s. 5; 5 of 2007 s.
43)
(b) the Authority or an authorized officer, (Replaced 27 of 1993 s. 7)
order that a meeting of owners shall be convened, by such owner as the tribunal may direct, to appoint a management
committee. (Amended 27 of 1993 s. 42)
(2) Upon the making of an order under subsection (1) the tribunal may order that the costs of the application
shall be paid by the applicant or by any person opposing the application. (Amended 27 of 1993 s. 42)
(3) If a corporation is established under Part III, the corporation shall refund to the applicant any costs paid by
him in accordance with an order made under subsection (2). (Amended 27 of 1993 s. 7)
(4) At a meeting of owners convened under this section, the owners may, by a resolution passed by a majority
of the votes of the owners voting either personally or by proxy, appoint a management committee. (Replaced 27 of
1993 s. 7. Amended 5 of 2007 s. 7)
(5) The convenor shall, at least 14 days before the date of the meeting of owners, give notice of the meeting to
each owner and the person referred to in section 3(1)(a) or (b) (if any). (Added 5 of 2007 s. 7)
(6) The notice of meeting shall specify—
(a) the date, time and place of the meeting; and
(b) the resolutions that are to be proposed at the meeting and are related only to the appointment of a
management committee and the incorporation of the owners. (Added 5 of 2007 s. 7)
(7) The notice of meeting may be given—
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(a) in the case of an owner—
(i) by delivering it personally to the owner;
(ii) by sending it by post to the owner at his last known address; or
(iii) by leaving it at the owner’s flat or depositing it in the letter box for that flat; or
(b) in the case of a person referred to in section 3(1)(a) or (b)—
(i) by delivering it personally to the person; or
(ii) by sending it by post to the person at his last known address. (Added 5 of 2007 s. 7)
(8) The convenor shall also, at least 14 days before the date of the meeting of owners, display the notice of
meeting in a prominent place in the building. (Added 5 of 2007 s. 7)
(9) The convenor shall preside at a meeting of owners convened under this section. (Added 5 of 2007 s. 7)
(10) The quorum at a meeting of owners convened under this section shall be 10% of the owners. (Added 5 of
2007 s. 7)
(11) At a meeting of owners convened under this section—
(a) an owner shall, unless the deed of mutual covenant (if any) otherwise provides, have one vote in
respect of each share he owns;
(b) an owner may cast a vote personally or by proxy;
(c) where 2 or more persons are the co-owners of a share, the vote in respect of the share may be cast—
(i) by a proxy jointly appointed by the co-owners;
(ii) by a person appointed by the co-owners from amongst themselves; or
(iii) if no appointment is made under subparagraph (i) or (ii), either by one of the co-owners
personally or by a proxy appointed by one of the co-owners; and
(d) where 2 or more persons are the co-owners of a share and more than one of the co-owners seeks to cast
a vote in respect of the share, only the vote that is cast, whether personally or by proxy, by the co-
owner whose name, in order of priority, stands highest in relation to that share in the register kept at
the Land Registry shall be treated as valid. (Added 5 of 2007 s. 7)
(12) For the purposes of subsection (11)—
(a) the instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A, and—
(i) shall be signed by the owner; or
(ii) if the owner is a body corporate, shall, notwithstanding anything to the contrary in its
constitution, be impressed with the seal or chop of the body corporate and signed by a person
authorized by the body corporate in that behalf;
(b) the instrument appointing a proxy shall be lodged with the convenor at least 48 hours before the time
for the holding of the meeting;
(c) the instrument appointing a proxy is valid only if it is made and lodged in accordance with paragraphs
(a) and (b);
(d) a proxy appointed by an owner to attend and vote on behalf of the owner shall, for the purposes of the
meeting, be treated as being the owner present at the meeting; and
(e) where an instrument appointing a proxy is lodged with the convenor, the convenor shall—
(i) acknowledge receipt of the instrument by leaving a receipt at the flat of the owner who made the
instrument, or depositing the receipt in the letter box for that flat, before the time for the holding
of the meeting;
(ii) determine the validity of the instrument in accordance with paragraph (c); and
(iii) display information of the owner’s flat in a prominent place in the place of the meeting before
the time for the holding of the meeting, and cause the information to remain so displayed until
the conclusion of the meeting. (Added 5 of 2007 s. 7)
(13) Subject to subsection (14), the convenor shall keep all the instruments for the appointment of proxies that
have been lodged with him for a period of at least 12 months after the conclusion of the meeting. (Added 5 of 2007 s.
7)
(14) Where a management committee is appointed at a meeting of owners convened under this section—
(a) the convenor shall deliver to the management committee immediately after the conclusion of the
meeting all the instruments for the appointment of proxies that have been lodged with him; and
(b) the management committee shall keep the instruments for a period of at least 12 months after the
conclusion of the meeting. (Added 5 of 2007 s. 7)
(15) Subject to subsection (16), where a meeting of owners convened under this section is adjourned,
Cap 344 - BUILDING MANAGEMENT ORDINANCE 8
subsections (5), (6), (7), (8), (9), (10), (11), (12), (13) and (14) shall apply to the adjourned meeting as they apply to
the original meeting. (Added 5 of 2007 s. 7)
(16) Where a meeting of owners convened under this section is adjourned, a valid instrument appointing a proxy
made for the purposes of the original meeting shall remain valid for the purposes of the adjourned meeting unless—
(a) contrary intention is shown on the instrument;
(b) the instrument is revoked; or
(c) the instrument is replaced by a new instrument appointing a proxy. (Added 5 of 2007 s. 7)
Section: 5 (Repealed 5 of 2007 s. 8) L.N. 92 of 2007 01/08/2007
Section: 5A (Repealed 5 of 2007 s. 9) L.N. 92 of 2007 01/08/2007
Section: 5B Enumeration of owners L.N. 242 of 2000 01/08/2000
Schedule 11 shall have effect with respect to the enumeration of the percentage of owners referred to in the
provisions of the Ordinance specified in that Schedule in the case where, in those provisions as so specified, a
reference to a percentage of the owners is-
(a) to be construed as a reference to the total expressed percentage of the number of persons who are
owners without regard to their ownership of any particular percentage of the total number of shares
into which the building is divided; and
(b) not to be construed as the owners of the total expressed percentage of the shares.
(Added 69 of 2000 s. 7)
Section: 6 Composition and procedure of management committee L.N. 92 of 2007 01/08/2007
Schedule 2 shall have effect with respect to the composition and procedure of a management committee.
(Amended 27 of 1993 s. 42; 5 of 2007 s. 44)
Part: III INCORPORATION 30/06/1997
Section: 7 Application by management committee for registration of
owners as a corporation
18 of 2014 05/01/2015
(1) A management committee appointed under section 3, 3A, 4 or 40C shall within 28 days of such
appointment apply to the Land Registrar for the registration of the owners as a corporation under this Ordinance.
(Amended 8 of 1993 s. 3)
(2) An application under subsection (1) shall be in such form as the Land Registrar may specify and shall
include the following particulars- (Amended 8 of 1993 s. 3)
(a) the name of the proposed corporation, which shall be in the form "The Incorporated Owners
of .................................................................................. .................................................... ";
(Description of building)
(b) the name (if any) and address of the building;
(c) the address of the proposed registered office of the corporation; and
(d) the name and address of the chairman and secretary of the management committee.
(3) An application under subsection (1) shall be accompanied by the following documents-
(a) a copy of the deed of mutual covenant (if any) in respect of the building;
(aa) where an application has been made to the Authority under section 3A(1), a copy of the order of the
Authority; (Added 27 of 1993 s. 9)
(b) where an application has been made to the tribunal under section 4(1) or 40C, a copy of the order of
the tribunal;
(c) a copy of the resolution or other document evidencing the appointment of the management committee
Cap 344 - BUILDING MANAGEMENT ORDINANCE 9
under section 3, 3A, 4 or 40C certified as correct by the chairman or secretary of the management
committee or by the chairman of the meeting at which the resolution was passed; (Amended 5 of 2007
s. 10)
(d) a declaration by the chairman or secretary of the management committee, in such form as the Land
Registrar may specify, that the provisions of section 3, 3A, 4 or 40C and relevant provisions in section
5B have been complied with; and (Amended 8 of 1993 s. 3; 5 of 2007 s. 10)
(e) a statement by each member of the management committee appointed under paragraph 2(1)(b) of
Schedule 2, in such form as the Land Registrar may specify, that he does not fall within the description
of paragraph 4(1)(a) or (b) of that Schedule. (Added 5 of 2007 s. 10. Amended 18 of 2014 s. 55)
(Amended 27 of 1993 ss. 9 & 42; 69 of 2000 s. 8)
Section: 8 Incorporation L.N. 92 of 2007 01/08/2007
(1) The Land Registrar shall, if satisfied that the provisions of section 3, 3A, 4 or 40C and section 7(2) and (3)
have been complied with, issue a certificate of registration in such form as may be specified by the Authority from
time to time. (Amended 8 of 1993 s. 3; 27 of 1993 ss. 10 & 42; 69 of 2000 s. 9)
(1A) The Land Registrar shall not issue a certificate of registration to more than one corporation for a building in
respect of which a deed of mutual covenant is in force. (Added 5 of 2007 s. 11)
(2) With effect from the date of issue of the certificate of registration under subsection (1)-
(a) the owners for the time being shall be a body corporate with perpetual succession and shall in the name
of the corporation specified in the certificate of registration be capable of suing and being sued and,
subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may
lawfully do and suffer; (Amended 52 of 1975 s. 2)
(aa) the corporation shall have, and be deemed always to have had, the power to hold an undivided share in
the building, together with the right to the exclusive possession of any part of the building other than
the common parts thereof; and (Added 52 of 1975 s. 2)
(b) the management committee appointed under section 3, 3A, 4 or 40C shall be deemed to be the first
management committee of the corporation. (Amended 27 of 1993 s. 10; 69 of 2000 s. 9)
(3) A corporation shall have a common seal, the affixing of which shall be authenticated by the signature of the
chairman and secretary of the management committee.
(4) A corporation shall have a registered office in Hong Kong. (Amended 27 of 1993 s. 10)
(5) Schedule 3 shall have effect with respect to the meetings and procedure of a corporation. (Amended 5 of
2007 s. 46)
Section: 9 Undesirable names 30/06/1997
No corporation shall be registered by a name which, in the opinion of the Land Registrar, is undesirable.
(Amended 8 of 1993 s. 3)
[cf. 1948 c. 38 s. 17 U.K.]
Section: 10 Change of name L.N. 92 of 2007 01/08/2007
(1) At a general meeting of a corporation convened and conducted in accordance with Schedule 3 for the
purpose, the corporation may- (Amended 5 of 2007 s. 47)
(a) in the case of a direction by the Land Registrar under subsection (2), by a resolution passed by a
majority; or
(b) in any other case, by a resolution passed by not less than 75%, (Amended 5 of 2007 s. 47)
of the votes of the owners, change the name of the corporation. (Replaced 27 of 1993 s. 11)
(2) If at any time a corporation is registered by a name which, in the opinion of the Land Registrar, is so similar
to the name by which another corporation is registered as to be likely to mislead, the Land Registrar may direct that
the first mentioned corporation shall change its name within a period of six weeks from the date of the direction or
such longer period as the Land Registrar may allow. (Amended 8 of 1993 s. 3)
(3) A corporation which makes default in complying with a direction under subsection (2) shall be guilty of an
offence and shall be liable on conviction to a fine of $50 for each day during which the default continues. (Amended
27 of 1993 s. 42)
Cap 344 - BUILDING MANAGEMENT ORDINANCE 10
(4) When a corporation changes its name under this section, the Land Registrar shall enter the new name on the
register maintained by him under section 12 in place of the former name, and shall issue an amended certificate of
registration. (Amended 8 of 1993 s. 3)
(5) A change of name of a corporation under this section shall not affect any rights or obligations of the
corporation or render defective any legal proceedings by or against the corporation, and any legal proceedings which
might have been continued or commenced against it by its former name may be continued or commenced against it by
its new name.
[cf. 1948 c. 38 s. 18 U.K.]
Section: 11 Display of copy certificate of registration, etc. 30/06/1997
(1) The following documents, namely-
(a) a copy of the certificate of registration issued under section 8(1), or a copy of the amended certificate
of registration issued under section 10(4), as the case may be;
(b) in the case where the building is the registered office of the corporation, a notice of registered office in
the form described in subsection (1B);
(c) in the case where the building is not the registered office of the corporation, a copy of that notice
endorsed with the address of the registered office,
shall be displayed by the management committee in a prominent place in the building. (Replaced 27 of 1993 s. 12)
(1A) Where the building is not the registered office of the corporation, a notice of registered office in the form
described in subsection (1B) shall be displayed or caused to be displayed by the management committee in a
prominent place at the registered office of the corporation. (Added 27 of 1993 s. 12)
(1B) The notice of registered office, or a copy thereof, shall be in the form "Registered Office of the
Incorporated Owners of ........................................". (Added 27 of 1993 s. 12)
(description of building)
(2) A corporation which exhibits or uses any name of or for the corporation in Chinese characters, whether or
not such name is a transliteration or translation of its name in its certificate of registration, or amended certificate of
registration referred to in subsection (1)(a), as the case may be, shall append to such name so used in Chinese
characters the Chinese characters "業主立案法團". (Amended 27 of 1993 s. 12)
(3) In the event of a contravention of this section, every member of the management committee shall be guilty
of an offence and shall be liable on conviction to a fine of $50 unless he proves that the offence was committed
without his consent or connivance and that he exercised all such due diligence to prevent the commission of the
offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the
circumstances. (Amended 27 of 1993 s. 42)
Section: 12 Land Registrar to maintain register of corporations L.N. 65 of 2009 01/01/2011
(1) The Land Registrar shall maintain a register of corporations, and permit any person to inspect the register at
any reasonable time to ascertain, in connection with the management of buildings, the particulars of a corporation
entered in the register under subsection (2). (Amended 5 of 2007 s. 12)
(2) The Land Registrar shall enter in the register the following particulars of each corporation-
(a) the name of the corporation;
(b) the name (if any) and address of the building;
(c) the address of the registered office of the corporation;
(d) the name and address of-
(i) the chairman of the management committee;
(ii) the vice-chairman (if any) of the management committee;
(iii) the secretary of the management committee;
(iv) the treasurer of the management committee; and
(v) any other person who is a member of the management committee but does not fall within the
description of subparagraph (i), (ii), (iii) or (iv); (Replaced 5 of 2007 s. 12)
(da) the name and address of the insurance company with which the corporation has effected a policy of
insurance under section 28(1) and the period covered by the policy of insurance; (Added 5 of 2007 s.
12)
Cap 344 - BUILDING MANAGEMENT ORDINANCE 11
(e) the name and address of any administrator;
(f) the particulars of any winding-up petition or winding-up order, as the case may be, required to be
entered by him in the register under section 34A(2)(a). (Added 27 of 1993 s. 13)
(3) The secretary of the management committee shall, within 28 days of the date of any change in the
particulars registered under subsection (2), other than the particulars referred to in paragraph (e) or (f) of that
subsection, give notice thereof to the Land Registrar in such form as the Land Registrar may specify. (Amended 27 of
1993 ss. 13 & 42)
(4) In the event of a contravention of subsection (3), the secretary of the management committee shall be guilty
of an offence and shall be liable on conviction to a fine of $100 for each day during which the contravention
continues. (Amended 27 of 1993 s. 42)
(5) Upon payment of such fee as may be prescribed, any person may-
(a) inspect the register and any document required to be submitted to the Land Registrar under this
Ordinance; and
(b) require a copy or extract of any such register or document to be made and certified under the hand of
the Land Registrar.
(Amended 8 of 1993 s. 3)
Section: 13 Conclusiveness of certificate of registration 30/06/1997
A certificate of registration issued under section 8(1), or an amended certificate of registration issued under
section 10(4), as the case may be, in respect of a corporation shall be conclusive evidence that such corporation is
incorporated under this Ordinance.
(Amended 8 of 1993 s. 3; 27 of 1993 s. 14)
Part: IV PROVISIONS RELATING TO CORPORATIONS 30/06/1997
Section: 14 Powers of corporation generally L.N. 92 of 2007 01/08/2007
(1) Subject to this Ordinance, at a meeting of a corporation any resolution may be passed with respect to the
control, management and administration of the common parts or the renovation, improvement or decoration of those
parts and any such resolution shall be binding on the management committee and all the owners. (Amended 12 of
1998 s. 4)
(2) Without prejudice to the generality of subsection (1), a corporation may by resolution at a meeting remove
from office and replace any member (other than a member who is the tenants' representative) of the management
committee. (Amended 27 of 1993 s. 15)
(3) A resolution for the removal of so many members of the management committee as would reduce the
number of members below the number required under paragraph 1 of Schedule 2 shall not have effect unless there is
appointed, at the meeting at which such resolution is passed, a sufficient number of further members as will comply
with such requirements. (Amended 5 of 2007 s. 48)
(4) Paragraph 6 of Schedule 2 shall, with necessary modifications, apply for the purposes of appointing an
owner to replace a member of the management committee by the corporation under subsection (2), as it applies for the
purposes of appointing an owner to fill a vacancy in a management committee by the corporation. (Added 5 of 2007
s. 13)
Section: 15 Tenants' representative L.N. 92 of 2007 01/08/2007
(1) The members of an approved association may, by a resolution passed by a majority of the votes of the
members voting either personally or by proxy, appoint or remove from office an occupier as the tenants'
representative. (Amended 5 of 2007 s. 49)
(2) In this section "approved association" (認可組織) means an association-
(a) formed to represent the interests of the occupiers; and
(b) which has been approved for the purposes of this section by the Authority or an authorized officer.
(Replaced 27 of 1993 s. 16)
Cap 344 - BUILDING MANAGEMENT ORDINANCE 12
Section: 16 Rights etc. of owners to be exercised etc. by corporation 30/06/1997
When the owners of a building have been incorporated under section 8, the rights, powers, privileges and duties
of the owners in relation to the common parts of the building shall be exercised and performed by, and the liabilities of
the owners in relation to the common parts of the building shall, subject to the provisions of this Ordinance, be
enforceable against, the corporation to the exclusion of the owners, and accordingly-
(a) any notice, order or other document which relates to any of the common parts of the building may be
served upon the corporation at its registered office; and
(b) any proceedings in the tribunal in respect of any of the common parts of the building may be brought
and pursued by or against the corporation.
(Amended 27 of 1993 s. 42)
Section: 17 Enforcement of judgments etc. against a corporation 30/06/1997
(1) If a judgment is given or an order is made against a corporation, execution to enforce the judgment or order
may issue-
(a) against any property of the corporation; or
(b) with leave of the tribunal, against any owner.
(2) An application for leave under subsection (1)(b) shall be made by summons served personally upon the
owner against whom execution is sought.
(Amended 27 of 1993 s. 42)
Section: 18 Duties and powers of corporation L.N. 64 of 2009 01/01/2011
(1) The corporation shall-
(a) maintain the common parts and the property of the corporation in a state of good and serviceable repair
and clean condition;
(b) carry out such work as may be ordered or required in respect of the common parts by any public
officer or public body in exercise of the powers conferred by any Ordinance;
(c) do all things reasonably necessary for the enforcement of the obligations contained in the deed of
mutual covenant (if any) for the control, management and administration of the building.
(2) A corporation may, in its discretion-
(a) engage and remunerate staff for any purpose relating to the powers or duties of the corporation under
this Ordinance or the deed of mutual covenant (if any); (Amended 27 of 1993 s. 17)
(aa) subject to such terms and conditions as to attendance at meetings of a management committee and its
sub-committees as the management committee may determine, pay the chairman, vice-chairman (if
any), secretary and treasurer of the management committee appointed under section 14(2) or paragraph
2(1), 5(2), 6 or 6A of Schedule 2 such allowances as may be approved by the corporation by resolution
passed at a general meeting, in accordance with, but in aggregate not exceeding, the maximum
allowances specified in Schedule 4; (Added 27 of 1993 s. 17. Amended 5 of 2007 s. 50)
(b) retain and remunerate accountants for the purposes of auditing the corporation's books of accounts and
preparing the annual income and expenditure accounts and balance sheets;
(c) retain and remunerate a manager or other professional trade or business firm or person to carry out on
behalf of the corporation any of the duties or powers of the corporation under this Ordinance or the
deed of mutual covenant (if any); (Amended 27 of 1993 s. 17)
(d) (Repealed 69 of 2000 s. 10)
(e) purchase, hire or otherwise acquire movable property for use by the owners in connection with their
enjoyment of the common parts or to satisfy any requirement of a public officer or public body for the
purpose of any Ordinance;
(f) establish and maintain lawns, gardens and playgrounds on the common parts;
(fa) carry out any renovation, improvement or decoration work, as the case may be, to the common parts;
(Added 12 of 1998 s. 5)
(g) act on behalf of the owners in respect of any other matter in which the owners have a common interest.
(Amended 27 of 1993 s. 17)
Cap 344 - BUILDING MANAGEMENT ORDINANCE 13
(2A) Without prejudice to the generality of subsections (1) and (2), the corporation in the performance of its
duties and the exercise of its powers under this section shall have regard to and be guided by Codes of Practice issued
from time to time under section 44(1). (Added 69 of 2000 s. 10)
(3) For the avoidance of doubt, it is declared that a member of a management committee shall not be entitled to
receive an allowance under subsection (2)(aa) in respect of more than one office held by him at the same time.
(Added 27 of 1993 s. 17)
(4) No provision in a deed of mutual covenant or other agreement shall operate to prevent a member of a
management committee who is entitled to receive an allowance under subsection (2)(aa) from receiving that allowance
and any such provision, including a provision purporting to substitute some lesser allowance (howsoever named) for
that allowance, shall be void and of no effect. (Added 27 of 1993 s. 17)
(Amended 5 of 2007 s. 14)
Section: 19 Corporation may sell or register charges against flat in
certain circumstances
30/06/1997
(1) If a deed of mutual covenant provides that if an owner fails to pay any sum which is payable under the deed
of mutual covenant, a person may sell that owner's interest in the land or register a charge against such interest in the
Land Registry, then, notwithstanding the provisions of the deed of mutual covenant, the corporation may, to the
exclusion of such person, exercise such power of sale or register such charge in the same manner and subject to the
same conditions as if it were the person referred to in the deed of mutual covenant. (Amended 8 of 1993 s. 2; 27 of
1993 s. 18)
(2) The reference in subsection (1) to "fails to pay any sum which is payable under the deed of mutual
covenant" shall be construed to extend to the failure by an owner to pay the costs incurred by the management
committee in connection with the exercise by it of the powers conferred by section 40(1)(a)(ii) or (b). (Added 27 of
1993 s. 18)
Section: 20 Establishment of funds L.N. 92 of 2007 01/08/2007
(1) A corporation shall establish and maintain a general fund-
(a) to defray the cost of the exercise of its powers and the performance of its duties under the deed of
mutual covenant (if any) and this Ordinance; and
(b) to pay Government rent, premiums, taxes or other outgoings (including any outgoings in relation to
any maintenance or repair work) which are payable in respect of the building as a whole. (Amended
27 of 1993 s. 19; 29 of 1998 s. 105)
(2) A corporation may establish and maintain a contingency fund-
(a) to provide for any expenditure of an unexpected or urgent nature; and
(b) to meet any payments of the kind specified in sub-section (1) if the fund established thereby is
insufficient to meet them.
(3) A corporation shall open and maintain an interest-bearing account and shall use that account exclusively in
respect of the management of the building. (Added 27 of 1993 s. 19. Amended 5 of 2007 s. 15)
(4) Subject to subsections (5) and (6), a corporation shall without delay pay all money received by the
corporation in respect of the management of the building into the account opened and maintained under subsection
(3). (Added 27 of 1993 s. 19. Amended 5 of 2007 s. 15)
(5) Subject to subsection (6), the treasurer of a management committee may, out of money received by the
corporation in respect of the management of the building, retain or pay into a current account a reasonable amount to
cover expenditure of a minor nature, but that amount shall not exceed such figure as is determined from time to time
by a resolution of the management committee. (Added 27 of 1993 s. 19)
(6) The retention of a reasonable amount of money under subsection (5) or the payment of that amount into a
current account in accordance with that subsection and any other arrangement for dealing with money received by a
corporation shall be subject to such conditions as may be approved by a resolution of the management committee.
(Added 27 of 1993 s. 19)
(7) Any reference in this section to an account is a reference to an account opened-
(a) with a bank within the meaning of section 2 of the Banking Ordinance (Cap 155); and
(b) in the name of the corporation. (Replaced 49 of 1995 s. 53)
Cap 344 - BUILDING MANAGEMENT ORDINANCE 14
Section: 20A Supplies, goods and services L.N. 92 of 2007 01/08/2007
(1) The procurement of all supplies, goods or services required by a corporation in the exercise of its powers
and the performance of its duties under the deed of mutual covenant (if any) or this Ordinance shall comply with such
standards and guidelines as may be specified in a Code of Practice relating to such procurement.
(2) Subject to subsection (2A), any supplies, goods or services referred to in subsection (1) the value of which
exceeds or is likely to exceed— (Amended 5 of 2007 s. 16)
(a) the sum of $200000 or such other sum in substitution therefor as the Authority may specify by notice
in the Gazette; or
(b) a sum which is equivalent to 20% of the annual budget of the corporation or such other percentage in
substitution therefor as the Authority may specify by notice in the Gazette,
whichever is the lesser, shall be procured by invitation to tender. (Amended 5 of 2007 s. 16)
(2A) Subsection (2) does not apply to any supplies, goods or services which but for this subsection would be
required to be procured by a corporation by invitation to tender (referred to in this subsection as “relevant supplies,
goods or services”) if—
(a) the relevant supplies, goods or services are of the same type as any supplies, goods or services which
are for the time being supplied to the corporation by a supplier; and
(b) the corporation decides by a resolution of the owners passed at a general meeting of the corporation
that the relevant supplies, goods or services shall be procured from that supplier on such terms and
conditions as specified in the resolution, instead of by invitation to tender. (Added 5 of 2007 s. 16)
(2B) Where any supplies, goods or services are required under subsection (2)(b) to be procured by invitation to
tender, whether a tender submitted for the purpose is accepted or not shall be decided by a resolution of the owners
passed at a general meeting of the corporation. (Added 5 of 2007 s. 16)
(3) (Repealed 5 of 2007 s. 16)
(4) All tender documents, copies of contracts, accounts and invoices and any other documents in the possession
of a corporation and relating to the procurement of supplies, goods and services shall be kept by the corporation for
such period, being not less than 6 years, as the corporation may determine.
(5) A contract for the procurement of any supplies, goods or services shall not be void by reason only that it
does not comply with subsection (1). (Added 5 of 2007 s. 16)
(6) Where any supplies, goods or services are required under subsection (2) to be procured by invitation to
tender, a contract for the procurement of the supplies, goods or services which does not comply with subsection (2) or
(2B)—
(a) subject to any resolution passed by the corporation under paragraph (b) or any order made by the court
under subsection (7), shall not be void by reason only that it does not comply with subsection (2) or
(2B);
(b) subject to any order made by the court under subsection (7), may be avoided by the corporation by a
resolution of the owners passed at a general meeting of the corporation but only for the reason that it
does not comply with subsection (2) or (2B). (Added 5 of 2007 s. 16)
(7) In any legal proceedings in relation to a contract for the procurement of any supplies, goods or services to
which subsection (2) or (2B) applies, the court may make such orders (including whether the contract is void or
voidable) and give such directions in respect of the rights and obligations of the contractual parties as the court thinks
fit having regard to all the circumstances of the case, including (but not limited to) the following factors—
(a) whether the supplies, goods or services have been procured by invitation to tender;
(b) whether a general meeting of the corporation has been convened to consider the procurement of the
supplies, goods or services;
(c) whether the Code of Practice referred to in subsection (1) has been complied with;
(d) whether the contract has been split, for the sole purpose of avoiding the compliance of the
requirements in subsection (2) or (2B), from a contract which should have been made for the
procurement of supplies, goods or services of greater value;
(e) whether the supplies, goods or services were urgently required;
(f) the progress of any activities or works in relation to the supplies, goods or services;
(g) whether the owners have benefited from the contract;
(h) whether the owners have incurred any financial loss due to the contract and the extent thereof;
(i) whether the supplier of the supplies, goods or services under the contract has acted in good faith;
Cap 344 - BUILDING MANAGEMENT ORDINANCE 15
(j) whether the supplier of the supplies, goods or services under the contract has benefited from the
contract; and
(k) whether the supplier of the supplies, goods or services under the contract has incurred any financial
loss due to the contract and the extent thereof. (Added 5 of 2007 s. 16)
(8) For the purposes of subsection (7), where the court makes an order that the contract is voidable at the
instance of the corporation, it shall also make an order that a general meeting of the corporation be convened and held
in such manner as the court thinks fit, so as to decide whether the contract is to be avoided. (Added 5 of 2007 s. 16)
(9) For the avoidance of doubt, subject to section 29A, any person who enters into a contract for the
procurement of any supplies, goods or services otherwise than in compliance with subsection (2) or, if applicable,
subsection (2B) may be personally liable for any claims arising from the contract. (Added 5 of 2007 s. 16)
(Added 27 of 1993 s. 20)
Section: 21 Contributions to funds L.N. 92 of 2007 01/08/2007
(1) Subject to subsection (4), a management committee shall determine the amount to be contributed by the
owners to the funds established and maintained under section 20 during such period-
(a) in the case of the first such period after the date of registration of the corporation, not exceeding 15
months; and
(b) in any other case, not exceeding 12 months,
as the management committee may determine. (Replaced 27 of 1993 s. 21)
(1A) Subject to subsection (3), any amount ("subsequent amount" (其後的款額) ) determined by a management
committee under subsection (1) after the first such amount (so determined under that subsection) shall not exceed a
sum equivalent to 150% of the preceding amount (so determined under that subsection) unless that subsequent amount
is approved by the corporation by a resolution passed at a general meeting. (Added 27 of 1993 s. 21)
(2) Subject to section 14(1) and to subsection (3), a management committee shall not increase the amount
determined in accordance with subsection (1). (Amended 27 of 1993 s. 42)
(3) A management committee may increase the amount required to be contributed by the owners to the extent
to which the funds established and maintained under section 20 are insufficient to meet any payment due by the
corporation in respect of the cost of complying with-
(a) an order of the tribunal; or (Amended 27 of 1993 s. 42)
(b) any notice, order or other document served upon the corporation in relation to the common parts by a
public officer or public body under any Ordinance.
(4) Schedule 5 shall have effect with respect to the amount to be determined under subsection (1), the
preparation of budgets by the management committee for such determinations and the supply of copies of any
documents in respect of those budgets. (Added 27 of 1993 s. 21. Amended 5 of 2007 s. 51)
(5) In the event of any inconsistency between this section (which shall be construed to include Schedule 5) and
the terms of a deed of mutual covenant or any other agreement, this section shall prevail. (Added 27 of 1993 s. 21.
Amended 5 of 2007 s. 51)
Section: 22 Recovery of contributions from owners 30/06/1997
(1) The amount to be contributed by an owner towards the amount determined under section 21 shall be-
(a) fixed by the management committee in accordance with the deed of mutual covenant (if any);
(b) payable at such times and in such manner as the management committee may determine. (Amended
27 of 1993 s. 22)
(2) If there is no deed of mutual covenant, or if the deed of mutual covenant does not provide for the fixing of
contributions, the amount to be contributed by an owner towards the amount determined under section 21 shall be
fixed by the management committee in accordance with the respective shares of the owners.
(3) The amount payable by an owner under this section shall be a debt due from him to the corporation at the
time when it is payable.
(4) A certificate in writing signed by the chairman of the management committee stating the amount to be
contributed under this section by an owner and when it is payable shall be admissible in evidence in any proceedings
as prima facie evidence of the facts stated therein without further proof.
Cap 344 - BUILDING MANAGEMENT ORDINANCE 16
Section: 23 Liability of occupier to pay contributions to funds 30/06/1997
(1) If any amount payable under section 22 by an owner who is not occupying a flat in the building concerned
remains unpaid for a period of one month after it has become due to the corporation, the corporation may, without
prejudice to any right of action against the owner, by notice in writing addressed to the occupier of the flat and served
upon him either personally or by registered post, demand such amount from the occupier, who shall, subject to
subsection (2), thereupon be liable to pay the same to the corporation.
(2) Notwithstanding subsection (1), the liability of the occupier of a flat to pay an amount demanded from him
under subsection (1) shall extend only to such amount of rent or other charge (exclusive of rates) as is due at the time
of service on him of the demand, or falls due subsequently from him, in respect of his occupation of the flat.
(3) In any proceedings by a corporation to recover an amount payable under subsection (1), it shall be
presumed, until the contrary is proved, that the amount claimed does not exceed the amount of rent or other charge
(exclusive of rates) due from the occupier at the time of commencement of such proceedings.
(4) If an occupier of a flat has paid an amount in accordance with this section-
(a) that amount may, subject to the terms on which he occupies the flat, be deducted by him from the rent
or other charge due in respect of his occupation of the flat; and
(b) any person, not being the owner, to whom such rent or other charge has been paid subject to such
deduction, may in like manner as the occupier deduct such amount from the rent or other charge due
from him in respect of the flat.
(5) Any deduction by an occupier or other person under subsection (4) shall operate as a discharge, to the
extent of the amount so deducted, of his liability for the rent or other charge.
Section: 24 Distress for contributions 30/06/1997
(1) Subject to the provisions of this section, Part III of the Landlord and Tenant (Consolidation) Ordinance
(Cap 7) shall apply to an amount payable under section 22 or 23 as if the amount were rent payable to the corporation
as landlord of the owner's flat. (Rectified by the Attorney General under the Revised Edition of the Laws Ordinance
1965) (Amended L.N. 67 of 1985)
(2) A corporation may name as the defendant in any distress under this section "the person in occupation of"
(佔用人) a flat, without specifying in the application or in the warrant the name of any person in occupation of the
flat.
Section: 25 Registered mortgagee may pay contribution and recover
same from the owner
30/06/1997
If an owner fails to pay any amount payable under section 22 within one month of the same becoming due and a
registered mortgagee of the flat in respect of which the owner is in default has paid such amount on the owner's behalf,
such payment shall be recoverable by the registered mortgagee from the owner as if the amount of such payment
formed part of the principal sum due under the registered mortgage of the flat.
Section: 26 Management committee to certify matters relating to
payment of contributions
30/06/1997
A management committee shall, on the application of an owner, a registered mortgagee, an occupier, such other
person as is referred to in section 23(4)(b) or a person authorized in writing in that behalf by such owner, registered
mortgagee, occupier or other person, certify- (Amended 27 of 1993 s. 42)
(a) the amount payable in accordance with section 22 by the owner;
(b) the extent to which such sum has been paid; and
(c) the name of the person by whom and the person on whose behalf such payment was made.
Section: 26A Management committee to display information about legal
proceedings
L.N. 92 of 2007 01/08/2007
A management committee shall notify the owners of any legal proceedings to which the corporation is a party—
Cap 344 - BUILDING MANAGEMENT ORDINANCE 17
(a) in the case of proceedings against the corporation, by displaying a notice containing the particulars of
the proceedings in a prominent place in the building within 7 days of receiving any court documents
commencing the proceedings, and causing the notice to remain so displayed for at least 7 consecutive
days;
(b) in the case of proceedings by the corporation, by displaying a notice containing the particulars of the
proceedings in a prominent place in the building within 7 days of issuing any court documents
commencing the proceedings, and causing the notice to remain so displayed for at least 7 consecutive
days.
(Added 5 of 2007 s. 17)
Section: 27 Accounts of corporation L.N. 92 of 2007 01/08/2007
(1) Subject to subsection (3), a management committee shall maintain proper books or records of account and
other financial records and shall prepare, not later than 15 months after the date of the registration of the corporation
and thereafter every 12 months, financial statements which— (Amended 5 of 2007 s. 18)
(a) shall be signed by—
(i) the chairman of the management committee; and
(ii) the secretary or the treasurer of the management committee;
(b) if subsection (1A) is applicable, shall be audited under that subsection; and
(c) together with the accountant’s report made under subsection (1A), if any, shall be laid before the
corporation at the annual general meeting of the corporation convened in accordance with paragraph
1(1) of Schedule 3. (Replaced 27 of 1993 s. 23. Amended 5 of 2007 s. 18)
(1AA) The financial statements referred to in subsection (1) shall include—
(a) an income and expenditure account which gives a true and fair view of the financial transactions of the
corporation for the period to which it relates; and
(b) a balance sheet which gives a true and fair view of the financial position of the corporation as at the
date to which the income and expenditure account is made up. (Added 5 of 2007 s. 18)
(1A) Except in the case of a corporation incorporated in respect of a building which contains not more than 50
flats, the financial statements referred to in subsection (1) shall be audited by an accountant retained by the
corporation as may be approved by the corporation by a resolution passed at a general meeting and that accountant
shall report as to whether such financial statements are, in his opinion, properly prepared so as to give a true and fair
view of the financial transactions of the corporation for the period to which the income and expenditure account
relates and the financial position of the corporation as at the date to which the income and expenditure account is
made up, subject to such qualification, if any, as he may think fit. (Replaced 69 of 2000 s. 11. Amended 5 of 2007 s.
18)
(1B) In subsection (1A), "flats" (單位) does not mean any garage, carpark or carport. (Added 69 of 2000 s. 11)
(2) The management committee shall permit the Authority, an authorized officer, the tenants' representative, an
owner, a registered mortgagee or any person authorized in writing in that behalf by an owner or registered mortgagee
to inspect the books of account at any reasonable time. (Amended 27 of 1993 s. 23)
(3) In the event of a contravention of subsection (1), every member of the management committee shall be
guilty of an offence and shall be liable on conviction to a fine at level 5 unless he proves- (Amended 27 of 1993 s. 42;
69 of 2000 s. 11)
(a) that the offence was committed without his consent or connivance; and
(b) that he exercised all such due diligence to prevent the commission of the offence as he ought to have
exercised in the circumstances.
(4) Schedule 6 shall have effect with respect to the maintenance of proper books or records of account and
other records (including the keeping of such accounts and records), the inspection of any documents referred to in
such accounts and records, the preparation of summaries of income and expenditure and the supply of copies of any
documents in respect of those accounts and summaries. (Added 27 of 1993 s. 23. Amended 5 of 2007 ss. 18 & 52)
(5) In the event of any inconsistency between this section (which shall be construed to include Schedule 6) and
the terms of a deed of mutual covenant or any other agreement, this section shall prevail. (Added 27 of 1993 s. 23.
Amended 5 of 2007 s. 52)
Cap 344 - BUILDING MANAGEMENT ORDINANCE 18
Section: 28 Matters regarding insurance* L.N. 64 of 2009;
L.N. 65 of 2009
01/01/2011
(1) A corporation shall procure and keep in force in relation to the common parts of the building and the
property of the corporation, such policy of insurance with an insurance company in respect of third party risks as
complies with any requirement prescribed for the purposes of this section.
(2) In the event of a contravention of subsection (1), every member of the management committee shall be
guilty of an offence and shall be liable on conviction to a fine at level 5 unless he proves-
(a) that the offence was committed without his consent or connivance; and
(b) that he exercised all such due diligence to prevent the commission of the offence as he ought to have
exercised in the circumstances.
(3) A corporation may insure and keep insured with an insurance company the common parts of the building
and the property of the corporation to the reinstatement value thereof against fire and other risks.
(4) Where a corporation has effected any policy of insurance with an insurance company by virtue of this
section the management committee shall permit the Authority, an authorized officer, the tenants' representative, an
occupier, an owner, a registered mortgagee or any person duly authorized in writing in that behalf by an occupier, an
owner or registered mortgagee, to inspect the policy of insurance and any receipt for the premium in respect thereof at
any reasonable time.
(5) Where any person (other than the Authority or an authorized officer) referred to in subsection (4) requests
the corporation to supply him with copies of the policy of insurance and any receipt for the premium in respect of that
policy, the treasurer of the management committee shall, on the payment of such reasonable copying charge as the
management committee may determine, supply such copies to that person.
(6) The treasurer of the management committee shall, if requested by the Authority or an authorized officer and
without raising any charge, supply the copies referred to in subsection (5) to the Authority or that officer.
(6A) The secretary of the management committee shall, within 28 days after the corporation has effected a policy
of insurance under subsection (1), give notice of the name and address of the insurance company and the period
covered by the policy of insurance to the Land Registrar in such form as the Land Registrar may specify. (Added 5 of
2007 s. 37)
(7) In this section and in section 41, "insurance company" (保險公司)-
(a) means an insurer authorized under section 8 of the Insurance Companies Ordinance (Cap 41) or
deemed under section 61(1) or (2) of that Ordinance to be so authorized, to carry on insurance
business;
(b) means the society of underwriters known in the United Kingdom as Lloyd's; and
(c) means an association of underwriters approved by the Insurance Authority.
(Replaced 69 of 2000 s. 12. Amended 5 of 2007 s. 37)
__________________________________________________________________________
Note:
*(Amended 5 of 2007 s. 37)
Section: 29 Management committee to perform duties and exercise
powers of corporation
30/06/1997
Subject to this Ordinance, the powers and duties conferred or imposed by this Ordinance on a corporation shall
be exercised and performed on behalf of the corporation by the management committee.
Section: 29A Protection of members of management committee L.N. 92 of 2007 01/08/2007
(1) No member of a management committee, acting in good faith and in a reasonable manner, shall be
personally liable for any act done or default made by or on behalf of the corporation—
(a) in the exercise or purported exercise of the powers conferred by this Ordinance on the corporation; or
(b) in the performance or purported performance of the duties imposed by this Ordinance on the
corporation.
(2) The protection conferred by subsection (1) on a member of a management committee shall not in any way
affect the liability of the corporation for that act or default.
Cap 344 - BUILDING MANAGEMENT ORDINANCE 19
(Added 5 of 2007 s. 19)
Part: V DISSOLUTION OF MANAGEMENT COMMITTEE
AND APPOINTMENT OF ADMINISTRATOR
30/06/1997
Section: 30 Dissolution of management committee and appointment of
administrator
L.N. 92 of 2007 01/08/2007
(1) Subject to this section, the owners present at a meeting of the corporation convened under paragraph 1 of
Schedule 3 may appoint an administrator and thereafter resolve that the management committee be dissolved.
(Amended 5 of 2007 s. 54)
(2) A resolution under subsection (1) shall have no effect until a copy thereof, certified as correct by the
chairman of the meeting at which the resolution was passed, is lodged with the Land Registrar within 14 days after the
date of the meeting. (Amended 27 of 1993 s. 42)
(3) An administrator shall hold office from the date upon which a certified copy of the resolution referred to in
subsection (1) is lodged with the Land Registrar until-
(a) the owners present at a meeting of the corporation convened under paragraph 1 of Schedule 3 appoint-
(Amended 5 of 2007 s. 54)
(i) another administrator; or
(ii) a new management committee; or
(b) the tribunal appoints an administrator under section 31. (Amended 27 of 1993 s. 42)
(Amended 8 of 1993 s. 3)
Section: 31 Appointment of administrator by the tribunal 30/06/1997
(1) The tribunal may, upon application made to it by-
(a) an owner;
(b) a registered mortgagee (if any);
(c) an administrator; or
(d) the Authority or an authorized officer, (Replaced 27 of 1993 s. 25)
dissolve the management committee and appoint an administrator, or remove and replace an administrator, as the case
may be. (Amended 27 of 1993 s. 42)
(2) The tribunal may direct that an administrator appointed under subsection (1) shall hold office for an
indefinite period or for a fixed period on such terms and conditions as to remuneration or otherwise as it thinks fit, and
the remuneration and expenses of the administrator shall be deemed to be part of the expenses of management of the
building under this Ordinance.
(Amended 27 of 1993 s. 42)
Section: 32 Powers and duties of an administrator L.N. 92 of 2007 01/08/2007
(1) An administrator shall have all the powers and duties of a management committee and of the chairman,
secretary and treasurer thereof. (Amended 27 of 1993 s. 26)
(2) An administrator shall, within 7 days of the date of his appointment or the termination of his appointment,
give notice thereof to the Land Registrar in such form as the Land Registrar may specify. (Amended 8 of 1993 s. 3;
27 of 1993 s. 42; 5 of 2007 s. 55)
(3) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to
a fine of $100 for each day during which the contravention continues. (Amended 27 of 1993 s. 42)
Part: VI WINDING UP OF CORPORATIONS 30/06/1997
Cap 344 - BUILDING MANAGEMENT ORDINANCE 20
Section: 33 Winding up of corporations L.N. 163 of 2013 03/03/2014
(1) A corporation may be wound up under the provisions of Part X of the Companies (Winding Up and
Miscellaneous Provisions) Ordinance (Cap 32) as if it were an unregistered company within the meaning of that
Ordinance and the provisions of that Ordinance relating to the winding up of an unregistered company shall, in so far
as they are applicable, apply to the winding up of a corporation. (Amended 28 of 2012 ss. 912 & 920)
(2) In applying the provisions of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap
32) under subsection (1)- (Amended 28 of 2012 ss. 912 & 920)
(a) a reference to a director of a company shall be deemed to be a reference to a member of a management
committee ; and
(b) a reference to a member of a company shall be deemed to be a reference to an owner.
Section: 34 Liability of owners on winding up 30/06/1997
In the winding up of a corporation under section 33, the owners shall be liable, both jointly and severally, to
contribute, according to their respective shares, to the assets of the corporation to an amount sufficient to discharge its
debts and liabilities.
(Amended 27 of 1993 s. 27)
Section: 34A Winding-up petitions and orders to be noted in register
and records
L.N. 163 of 2013 03/03/2014
(1) Where-
(a) a winding-up petition in respect of a corporation is presented to the tribunal by a petitioner; or
(b) a winding-up order in respect of a corporation is made by the tribunal,
the petitioner shall, as soon as is reasonably practicable, deliver a copy of the winding-up petition or the winding-up
order, as the case may be, to the Land Registry.
(2) The Land Registrar shall, on receipt of the copy of the winding-up petition or winding-up order, as the case
may be, referred to in subsection (1)-
(a) enter particulars of that petition or order in the register; and
(b) endorse particulars of that petition or order on any record at the Land Registry in respect of a relevant
owner.
(3) If the petitioner referred to in subsection (1) fails to comply with that subsection, no action or proceeding
under the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) shall be commenced or
proceeded with until such time as he complies with that subsection, and any action or proceeding which has been
commenced in respect of the corporation shall be stayed by the tribunal or otherwise cease and be of no effect until
such time as that petitioner complies with that subsection. (Amended 28 of 2012 ss. 912 & 920)
(Added 27 of 1993 s. 28)
Section: 34B Interpretation 30/06/1997
In this Part-
"commencement of the winding up" (清盤開始) means the time of the presentation of the petition to the tribunal for
the winding up of the corporation;
"relevant owner" (有關業主) means-
(a) a person who, at any time between the date of the commencement of the winding up and the date on
which the Land Registrar enters particulars of the winding-up petition in the register under section
34A(2)(a) ("the relevant period" (有關期間) ), appears from the records at the Land Registry to be or
to have been the owner of a share in a building maintained by a corporation the subject of that petition;
and
(b) a registered mortgagee in possession of that share during that relevant period.
(Added 27 of 1993 s. 28)
Cap 344 - BUILDING MANAGEMENT ORDINANCE 21
Part: VIA DEEDS OF MUTUAL COVENANT 30/06/1997
(Part VIA added 27 of 1993 s. 29)
Section: 34C Application 30/06/1997
(1) This Part, except where otherwise expressly provided, applies only to a building in respect of which a deed
of mutual covenant is in force whether that deed came into force before or after the material date.
(2) In the event of any inconsistency between this Part and the terms of a deed of mutual covenant or any other
agreement, this Part shall prevail.
(Added 27 of 1993 s. 29)
Section: 34D Interpretation L.N. 92 of 2007 01/08/2007
(1) In this Part and Schedules 7 & 8, unless the context otherwise require- (Amended 5 of 2007 s. 56)
"DMC manager" (公契經理人), in relation to a building, means the person who is specified in the deed of mutual
covenant to manage the building; (Added 5 of 2007 s. 20)
"manager" (經理人), in relation to a building, means the DMC manager or any other person who for the time being
is, for the purposes of the deed of mutual covenant, managing the building; (Replaced 5 of 2007 s. 20)
"material date" (關鍵日期 ) means the commencement of section 29 of the Multi-storey Building (Owners
Incorporation) (Amendment) Ordinance 1993 (27 of 1993);
"owners' committee" (業主委員會), in relation to a building, means the committee of owners (howsoever named)
formed under or in accordance with the deed of mutual covenant in respect of the building. (Replaced 5 of 2007
s. 20)
(2) In this Part and Schedule 7, a reference to a resolution of the owners' committee is a reference to a
resolution passed by a majority of the votes of the members of the owners' committee present at a meeting convened
and conducted in accordance with the deed of mutual covenant. (Amended 5 of 2007 s. 56)
(3) In this Part and Schedule 7, a reference to a resolution of the owners is- (Amended 5 of 2007 s. 20)
(a) if there is a corporation, a reference to a resolution passed at a general meeting of the corporation
convened and conducted in accordance with Schedule 3; or (Amended 5 of 2007 s. 56)
(b) if there is no corporation, a reference to a resolution passed by a majority of the votes of the owners
voting either personally of by proxy at a general meeting convened and conducted in accordance with
the deed of mutual covenant.
(4) (Repealed 5 of 2007 s. 20)
(Added 27 of 1993 s. 29)
Section: 34E Mandatory terms in deeds of mutual covenant L.N. 92 of 2007 01/08/2007
(1) Subject to subsection (4), the provisions in Schedule 7 shall be impliedly incorporated- (Amended 5 of
2007 s. 57)
(a) into every deed of mutual covenant made on or after the material date; and
(b) as from the material date, into every deed of mutual covenant made before that date.
(2) The provisions incorporated into a deed of mutual covenant by virtue of this section shall-
(a) bind the owners and manager of the building; and
(b) prevail over any other provision in the deed that is inconsistent with them.
(3) This section shall not operate to attach new legal consequences to any act done or omission occurring under
a deed of mutual covenant before the material date.
(4) The Authority may-
(a) subject to subsection (5), upon application by the manager of the building or any other person having
an interest in the management of the building; or
(b) in the case of an exempt estate, upon the application of the person ("the single manager" (單一經理
人) ) who for the time being is, for the purpose of the deed of mutual covenant in respect of the
buildings or groups of buildings comprising the estate, managing that estate,
Cap 344 - BUILDING MANAGEMENT ORDINANCE 22
from time to time by notice in the Gazette, exclude the application to the building, or to the buildings or groups of
buildings comprising the exempt estate, as the case may be, of paragraph 7 of Schedule 7 for a period not exceeding 3
years and subject to such conditions (if any) as he sees fit.
(5) The Authority shall not exclude the application to the building of paragraph 7 of Schedule 7 under
subsection (4)(a) if the Authority receives a number of notices of objection from the owners of not less than 50% of
the shares in aggregate in respect of that building, such notices opposing the application under that subsection.
(6) Subject to subsection (7), the Authority may, upon application by any owner, manager, person referred to in
section 3(1)(a) or (b), any other person having an interest in the management of a building or any single manager,
specify by order published in the Gazette the addition of any estate to, or the deletion of any estate (being an exempt
estate) from, Schedule 9.
(7) No estate may be so specified under subsection (6) if-
(a) the Authority receives a number of notices of objection from the owners of not less than 50% of the
shares in aggregate in respect of the buildings or groups of buildings comprising the estate, such
notices opposing the addition of that estate to, or the deletion of that estate (being an exempt estate)
from, Schedule 9;
(b) the conditions (if any) imposed under subsection (4) are not met or complied with; and
(c) in the case of the proposed addition of an estate to Schedule 9, the buildings or groups of buildings
comprising the estate are not being managed by a single manager.
(8) The Authority shall prepare and publish in the Gazette guidelines relating to the exercise of the Authority's
discretion under subsection (4) and shall, when considering an application under that subsection, have regard to those
guidelines.
(Added 27 of 1993 s. 29. Amended 5 of 2007 s. 57)
Section: 34F Terms added if consistent with deed of mutual covenant L.N. 92 of 2007 01/08/2007
(1) The provisions in Schedule 8 shall, to the extent that they are consistent with the deed of mutual covenant,
be impliedly incorporated- (Amended 5 of 2007 s. 58)
(a) into every deed of mutual covenant made on or after the material date; and
(b) as from the material date, into every deed of mutual covenant made before that date.
(2) Subject to subsection (3), the provisions incorporated into a deed of mutual covenant by virtue of this
section shall bind the owners and manager of the building.
(3) Any provision in Schedule 8 that is impliedly incorporated into a deed of mutual covenant under this
section may, insofar as that provision is so incorporated, by a resolution of the owners, be amended, deleted, or re-
incorporated into the deed of mutual covenant. (Amended 5 of 2007 s. 58)
(4) This section shall not operate to attach new legal consequences to any act done or omission occurring under
a deed of mutual covenant before the material date.
(Added 27 of 1993 s. 29)
Section: 34G Management expenses of unsold property 30/06/1997
(1) If, at the time a deed of mutual covenant was or is made in respect of a building, any share in the building
had not or has not been sold, the owner for the time being of the share shall, for so long as it remains unsold, be liable
to pay the management expenses relating to the share as if he had purchased that share subject to the deed of mutual
covenant.
(2) This section shall not operate to make any person liable to pay management expenses in respect of a period
before the material date.
(Added 27 of 1993 s. 29)
Section: 34H Duty to maintain property L.N. 242 of 2000 01/08/2000
(1) Where a person who owns any part of a building, has the right to the exclusive possession of any part of a
building or has the exclusive right to the use, occupation or enjoyment of that part, as the case may be, but the deed of
mutual covenant in respect of the building does not impose an obligation on that person to maintain the part in good
repair and condition, that person shall maintain that part in good repair and condition. (Amended 69 of 2000 s. 14)
(2) The obligation in subsection (1) shall be deemed to be an obligation owed to all owners of the building
Cap 344 - BUILDING MANAGEMENT ORDINANCE 23
under the deed of mutual covenant.
(Added 27 of 1993 s. 29)
Section: 34I Common parts 30/06/1997
(1) No person may-
(a) convert any part of the common parts of a building to his own use unless such conversion is approved
by a resolution of the owners' committee (if any);
(b) use or permit to be used the common parts of a building in such a manner as-
(i) unreasonably to interfere with the use and enjoyment of those parts by any owner or occupier of
the building; or
(ii) to cause a nuisance or hazard to any person lawfully in the building.
(2) Any person who contravenes subsection (1) shall be deemed to be in breach of an obligation imposed on
him by the deed of mutual covenant in respect of the building.
(Added 27 of 1993 s. 29)
Section: 34J Right to establish corporation and conduct business L.N. 92 of 2007 01/08/2007
(1) No provision in a deed of mutual covenant or other agreement shall operate to prevent the owners of any
building from being registered as a corporation under this Ordinance and any such provision shall be void and of no
effect.
(2) No provision in a deed of mutual covenant (whether such provision is of a procedural nature or otherwise)
shall operate to prevent any business relating to the management of a building being conducted at any meeting by any
owner or any person managing the building and any such provision shall be void and of no effect.
(3) Any provision in a deed of mutual covenant relating to a quorum at any meeting the attainment of which is
in practice impossible or virtually impossible to achieve and which has the effect of preventing or frustrating the
consideration at that meeting of any business relating to the management of a building by any owner or any person
managing the building shall be void and of no effect.
(4) The reference to "any business relating to the management of a building" in this section shall be construed
to include any such business relating to-
(a) the appointment of a management committee under section 3, 3A, 4 or 40C; or (Amended 5 of 2007 s.
21)
(b) the termination of a manager's appointment in accordance with Schedule 7. (Amended 5 of 2007 s.
59)
(Added 27 of 1993 s. 29)
Section: 34K Management committee to replace owners' committee L.N. 92 of 2007 01/08/2007
Where a management committee in respect of a building is or has been appointed under section 3, 3A, 4 or 40C,
the members of the management committee for the time being shall be deemed, for the purposes of the deed of mutual
covenant in respect of that building, to be the owners' committee and shall- (Amended 69 of 2000 s. 15)
(a) to the exclusion of any other persons have all the functions, powers and duties of the owners'
committee under the deed of mutual covenant; and
(b) in relation to those functions, powers and duties be subject to Schedule 2, even if that Schedule is
inconsistent with the deed of mutual covenant. (Amended 5 of 2007 s. 60)
(Added 27 of 1993 s. 29)
Section: 34L Indemnity of manager in respect of legal costs, etc. 30/06/1997
No provision in a deed of mutual covenant or other agreement shall operate to entitle the manager of any
building to be indemnified by a corporation or by the owners of the flats in that building in respect of any legal costs,
charges, expenses or fees relating to any civil or criminal proceedings (whether successful or otherwise) between or in
respect of that manager and that corporation or those owners and any such provision shall be void and of no effect.
(Added 27 of 1993 s. 29)
Cap 344 - BUILDING MANAGEMENT ORDINANCE 24
Part: VII MISCELLANEOUS 30/06/1997
Section: 35 Penalty for improper use of "Incorporated Owners" L.N. 242 of 2000 01/08/2000
Any person who, not being a corporation incorporated under this Ordinance, uses a name or title containing the
words "Incorporated Owners" or "Owners' Corporation" or the Chinese characters therefor, or other words or Chinese
characters implying that such person is a corporation incorporated under this Ordinance, shall be guilty of an offence
and shall be liable on conviction to a fine at level 3.
(Amended 27 of 1993 ss. 30 & 42; 69 of 2000 s. 16)
Section: 36 False statement or information L.N. 242 of 2000 01/08/2000
Any person who-
(a) in any form required by this Ordinance, or in any notice or document given, issued or made for the
purposes of this Ordinance, makes any statement or furnishes any information; or
(b) furnishes any information required to be furnished under this Ordinance,
which he knows, or reasonably ought to know, to be false in a material particular, shall be guilty of an offence and
shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(Amended 27 of 1993 s. 42; 69 of 2000 s. 17)
Section: 37 Saving for resolutions passed at meetings 30/06/1997
A resolution passed at any meeting convened under this Ordinance shall not be invalid by reason only of the
omission to give notice of the meeting to any person entitled to such notice.
Section: 38 Secretary to maintain register 30/06/1997
(1) The secretary of a management committee shall maintain a register, in which each flat in the building
concerned shall be separately identified, and shall enter therein the following particulars with reference to each flat-
(a) the name and address of the owner; and
(b) the name and address of the registered mortgagee (if any).
(2) For the purposes of subsection (1)-
(a) the address of an owner shall be the address of the flat which he owns; and
(b) the address of a registered mortgagee shall be his address appearing in the registered mortgage,
unless the owner or registered mortgagee notifies the secretary of the management committee in writing of some other
address.
(3) Every person who becomes an owner or a registered mortgagee of a flat shall forthwith give notice thereof
to the secretary of the management committee, who shall amend the register accordingly.
(4) The register maintained under subsection (1) shall be open to inspection by the Authority, an authorized
officer, the tenants' representative, an owner or a registered mortgagee or any person duly authorized in writing in that
behalf by an owner or registered mortgagee. (Replaced 27 of 1993 s. 31)
Section: 39 Determination of owner's shares 30/06/1997
An owner's share shall be determined-
(a) in the manner provided in an instrument including a deed of mutual covenant (if any) which is
registered in the Land Registry; or (Amended 8 of 1993 s. 2)
(b) if there is no such instrument, or the instrument contains no such provision, then in the proportion
which his undivided share in the building bears to the total number of shares into which the building is
divided.
(Amended 27 of 1993 s. 32)
Cap 344 - BUILDING MANAGEMENT ORDINANCE 25
Section: 40 Powers of entry and inspection 30/06/1997
(1) A member of a management committee and any other person authorized in that behalf by the management
committee may, on reasonable notice to the owner or occupier thereof, enter a flat at any reasonable time for the
purpose of- (Amended 27 of 1993 s. 33)
(a) inspecting, repairing, maintaining or renewing-
(i) any common parts in the flat; or
(ii) any other property in the flat the condition of which does or may affect adversely the common
parts or other owners;
(b) abating any hazard or nuisance which does or may adversely affect the common parts or other owners.
(2) A magistrate may, if satisfied by information on oath that it is necessary for any person to break into any
flat which he is empowered to enter under subsection (1), by warrant authorize such person to break into the flat in the
presence of a police officer.
(3) Notwithstanding section 19(2), any costs incurred by the management committee in connection with the
exercise by it of the powers conferred by subsection (1)(a)(ii) or (b) shall be recoverable by the corporation as a civil
debt from the owner of the flat in respect of which such costs were incurred. (Amended 27 of 1993 ss. 33 & 42)
Section: 40A Powers of Authority or authorized officer L.N. 242 of 2000 01/08/2000
(1) The Authority or an authorized officer may, for the purpose of ascertaining the manner in which a building
is being controlled, managed or administered-
(a) enter and inspect any common parts of a building;
(b) attend any general meeting of a corporation;
(c) require a corporation or any person managing the building to furnish him with such information in the
possession of the corporation or that person, as the case may be, as the Authority of authorized officer
may specify in relation to the control, management and administration of the building;
(d) inspect the books or records of account and other records maintained under section 27(1) including any
accounts relating to any fund established and maintained under section 20; and
(e) inspect any other documents or records kept by a corporation in relation to any of its functions, duties
or powers.
(2) Any person who obstructs, or fails to comply with a reasonable requirement of, the Authority or an
authorized officer acting under subsection (1) commits an offence and is liable to a fine at level 4. (Amended 69 of
2000 s. 18)
(Added 27 of 1993 s. 34)
Section: 40B Appointment of building management agent by order of
Authority
L.N. 92 of 2007 01/08/2007
(1) Where it appears to the Authority in the case of any building having a management committee that-
(a) no person is, for the time being, managing that building;
(b) the management committee has, in any material particular, failed substantially to perform the duties of
a corporation under section 18 including without limitation, the duty of a corporation under subsection
(2A) of that section to have regard to and be guided by Codes of Practice; and
(c) by reason of the circumstances mentioned in paragraphs (a) and (b), there is a danger or risk of danger
to the occupiers or owners of the building,
the Authority may order that, within such reasonable period as shall be specified in the order, the management
committee must appoint a building management agent for the purposes of managing that building.
(2) Where a management committee without reasonable excuse fails to comply with an order made under
subsection (1), every member of the management committee shall be guilty of an offence and shall be liable on
conviction to a fine at level 5 and in the case of a continuing offence, to a further daily fine of $1000 for each day
during which the offence continues, unless he proves-
(a) that the offence was committed without his consent or connivance; and
(b) that he exercised all such due diligence to prevent the commission of the offence as he ought to have
exercised in the circumstances.
(3) For the purposes of this section and section 40C, a person is eligible to be appointed as a building
Cap 344 - BUILDING MANAGEMENT ORDINANCE 26
management agent if his name appears in a list of persons engaged in the business of the management of buildings
compiled by the Authority from time to time and published in the Gazette. (Replaced 5 of 2007 s. 22)
(Added 69 of 2000 s. 19)
Section: 40C Appointment of management committee or building
management agent by order of tribunal
L.N. 92 of 2007 01/08/2007
(1) Where upon the application of the Authority it appears to the tribunal in the case of any building that—
(a) a management committee has not been and is not likely to be appointed under section 3, 3A or 4,
notwithstanding an order of the tribunal made under section 4;
(b) no person is, for the time being, managing that building; and
(c) the Authority is satisfied that by reason of the circumstances mentioned in paragraphs (a) and (b), there
is a danger or risk of danger to the occupiers or owners of the building,
the tribunal may order that, within such reasonable period as shall be specified in the order, a meeting of owners must
be convened by such owner as shall be named in the order to deal with the matters referred to in subsection (2) for the
purposes of managing that building.
(2) The matters referred to in subsection (1) are, consecutively—
(a) to consider and, if thought fit, to pass a resolution which appoints a management committee;
(b) where that resolution is not passed, to consider and, if thought fit, to pass a resolution which appoints a
building management agent,
for the purposes of managing that building.
(3) At a meeting of owners convened under this section, the owners may, by a resolution passed by a majority
of the votes of the owners voting either personally or by proxy, appoint—
(a) a management committee; or
(b) (if no management committee is appointed) a building management agent. (Replaced 5 of 2007 s. 23)
(3A) If no management committee or building management agent is appointed at the meeting of owners, the
convenor may appoint a building management agent directly. (Added 5 of 2007 s. 23)
(4) The convenor shall, at least 14 days before the date of the meeting of owners, give notice of the meeting to
each owner and the person referred to in section 3(1)(a) or (b) (if any). (Replaced 5 of 2007 s. 23)
(5) The notice of meeting shall specify—
(a) the date, time and place of the meeting; and
(b) the resolutions that are to be proposed at the meeting and are related only to the appointment of a
management committee, the incorporation of the owners and the appointment of a building
management agent. (Added 5 of 2007 s. 23)
(6) The notice of meeting may be given—
(a) in the case of an owner—
(i) by delivering it personally to the owner;
(ii) by sending it by post to the owner at his last known address; or
(iii) by leaving it at the owner’s flat or depositing it in the letter box for that flat; or
(b) in the case of a person referred to in section 3(1)(a) or (b)—
(i) by delivering it personally to the person; or
(ii) by sending it by post to the person at his last known address. (Added 5 of 2007 s. 23)
(7) The convenor shall also, at least 14 days before the date of the meeting of owners, display the notice of
meeting in a prominent place in the building. (Added 5 of 2007 s. 23)
(8) The convenor shall preside at a meeting of owners convened under this section. (Added 5 of 2007 s. 23)
(9) The quorum at a meeting of owners convened under this section shall be 10% of the owners. (Added 5 of
2007 s. 23)
(10) At a meeting of owners convened under this section—
(a) each owner shall have one vote;
(b) an owner may cast a vote personally or by proxy;
(c) in the case of co-owners, the vote may be cast—
(i) by a proxy jointly appointed by the co-owners;
(ii) by a person appointed by the co-owners from amongst themselves; or
Cap 344 - BUILDING MANAGEMENT ORDINANCE 27
(iii) if no appointment is made under subparagraph (i) or (ii), either by one of the co-owners
personally or by a proxy appointed by one of the co-owners; and
(d) where, in the case of co-owners, more than one of the co-owners seeks to cast a vote, only the vote that
is cast, whether personally or by proxy, by the co-owner whose name, in order of priority, stands
highest in the register kept at the Land Registry shall be treated as valid. (Added 5 of 2007 s. 23)
(11) For the purposes of subsection (10)—
(a) the instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A, and—
(i) shall be signed by the owner; or
(ii) if the owner is a body corporate, shall, notwithstanding anything to the contrary in its
constitution, be impressed with the seal or chop of the body corporate and signed by a person
authorized by the body corporate in that behalf;
(b) the instrument appointing a proxy shall be lodged with the convenor at least 48 hours before the time
for the holding of the meeting;
(c) the instrument appointing a proxy is valid only if it is made and lodged in accordance with paragraphs
(a) and (b);
(d) a proxy appointed by an owner to attend and vote on behalf of the owner shall, for the purposes of the
meeting, be treated as being the owner present at the meeting; and
(e) where an instrument appointing a proxy is lodged with the convenor, the convenor shall—
(i) acknowledge receipt of the instrument by leaving a receipt at the flat of the owner who made the
instrument, or depositing the receipt in the letter box for that flat, before the time for the holding
of the meeting;
(ii) determine the validity of the instrument in accordance with paragraph (c); and
(iii) display information of the owner’s flat in a prominent place in the place of the meeting before
the time for the holding of the meeting, and cause the information to remain so displayed until
the conclusion of the meeting. (Added 5 of 2007 s. 23)
(12) Subject to subsection (13), the convenor shall keep all the instruments for the appointment of proxies that
have been lodged with him for a period of at least 12 months after the conclusion of the meeting. (Added 5 of 2007 s.
23)
(13) Where a management committee or building management agent is appointed at a meeting of owners
convened under this section—
(a) the convenor shall deliver to the management committee or building management agent, as the case
may be, immediately after the conclusion of the meeting all the instruments for the appointment of
proxies that have been lodged with him; and
(b) the management committee or building management agent, as the case may be, shall keep the
instruments for a period of at least 12 months after the conclusion of the meeting. (Added 5 of 2007 s.
23)
(14) Subject to subsection (15), where a meeting of owners convened under this section is adjourned,
subsections (4), (5), (6), (7), (8), (9), (10), (11), (12) and (13) shall apply to the adjourned meeting as they apply to the
original meeting. (Added 5 of 2007 s. 23)
(15) Where a meeting of owners convened under this section is adjourned, a valid instrument appointing a proxy
made for the purposes of the original meeting shall remain valid for the purposes of the adjourned meeting unless—
(a) contrary intention is shown on the instrument;
(b) the instrument is revoked; or
(c) the instrument is replaced by a new instrument appointing a proxy. (Added 5 of 2007 s. 23)
(Added 69 of 2000 s. 19)
Section: 40D Powers of building management agent appointed following
order of tribunal
L.N. 92 of 2007 01/08/2007
(1) A building management agent appointed under section 40C may carry on any activity or business relating to
the management of a building, including without limitation, any activity or business of the description mentioned in
Schedule 7 in relation to the activities or business of a manager. (Amended 5 of 2007 s. 62)
(2) An order made under section 40C may direct that a building management agent appointed under section
40C(2)(b) shall hold his appointment for a fixed period on such terms and conditions as to remuneration and expenses
Cap 344 - BUILDING MANAGEMENT ORDINANCE 28
or otherwise in respect of the carrying on by him of any activity or business relating to the management of the building
as the tribunal shall think fit and specify in the order and the remuneration and expenses of the building management
agent as so specified shall be a debt due to him from the owners in accordance with their respective shares at the time
that that remuneration and those expenses are payable.
(Added 69 of 2000 s. 19)
Section: 41 Power to make regulations L.N. 92 of 2007 25/05/2007
The Chief Executive in Council may make regulations for any of the following matters- (Amended 34 of 1999
s. 3)
(a) the fees payable in respect of the registration or filing of any documents submitted to the Land
Registrar under this Ordinance; (Amended 8 of 1993 s. 3)
(b) the fees payable for the inspection or copying of any document so registered or filed;
(c) the fees payable for the issue of any certificate under this Ordinance;
(ca) the effecting of policies of insurance in respect of third party risks and against fire and other risks by
corporations with insurance companies and the conditions and requirements which are to apply in
respect of those policies, including without limitation-
(i) the conditions and requirements in respect of policies which are binding on corporations;
(Amended 5 of 2007 s. 24)
(ii) the conditions and requirements in respect of policies which are binding on insurance companies;
(iii) the conditions to policies which are to be void and of no effect;
(iv) the duty of insurance companies to satisfy judgments against corporations in respect of third
party risks; (Amended 5 of 2007 s. 24)
(v) (Repealed 5 of 2007 s. 24)
(vi) the effect of the insolvency or winding up of a corporation in respect of claims by third parties;
(Amended 5 of 2007 s. 24)
(vii) the avoidance of the imposition by insurance companies of restrictions on the scope of policies
covering third party risks;
(viii) the conditions and requirements as to the minimum amount of insurance cover;
(ix) the conditions and requirements as to the system of accounts to be kept and the returns to be
furnished by insurance companies;
(x) the obligations of third parties; (Added 69 of 2000 s. 20)
(xi) the avoidance of any arrangements, agreements or understandings, or parts thereof, made or
reached in respect of the liability of corporations towards third parties; (Added 5 of 2007 s. 24)
(d) prescribing anything which is to be or may be prescribed under this Ordinance;
(e) the better carrying out of the purposes of this Ordinance.
Section: 42 Power to amend Schedules L.N. 92 of 2007 01/08/2007
(1) The Chief Executive may, by order published in the Gazette, amend the Schedules other than Schedules 7
and 9.
(2) The Chief Executive in Council may, by order published in the Gazette, amend Schedule 7.
(3) The Authority may, by order published in the Gazette, amend Schedule 9.
(Replaced 27 of 1993 s. 35. Amended 34 of 1999 s. 3; 5 of 2007 s. 63)
Section: 43 Saving of owner's rights 30/06/1997
Nothing in this Ordinance shall prevent an owner from selling, assigning, mortgaging, charging, leasing or
otherwise disposing of or dealing with his share.
(Amended 27 of 1993 s. 42)
Section: 44 Codes of Practice L.N. 242 of 2000 01/08/2000
(1) The Authority may from time to time prepare, revise and issue Codes of Practice giving guidance and
Cap 344 - BUILDING MANAGEMENT ORDINANCE 29
direction as to-
(a) the procurement of supplies, goods and services required by a corporation including such procurement
by invitation to tender and the tender procedure in respect thereof;
(b) the standards and practices of management and safety that are to be observed and followed by a
corporation including standards and practices relating to-
(i) building management;
(ii) building safety;
(iii) fire safety;
(iv) slope safety;
(v) lifts and escalators; and
(vi) utilities and other installations in the common parts of a building. (Replaced 69 of 2000 s. 21)
(2) A failure on the part of any person to observe any Code of Practice issued under subsection (1) shall not of
itself render that person liable to criminal proceedings of any kind but any such failure may, in any proceedings
whether civil or criminal including proceedings for an offence under this Ordinance, be relied upon as tending to
establish or to negative any liability which is in question in those proceedings.
(Added 27 of 1993 s. 36)
Part: VIII JURISDICTION VESTED IN LANDS TRIBUNAL 30/06/1997
(Part VIII added 27 of 1993 s. 37)
Section: 45 Jurisdiction of tribunal in relation to building management L.N. 92 of 2007 01/08/2007
(1) The tribunal shall have jurisdiction to hear and determine any proceedings specified in Schedule 10.
(2) No person other than a person to whom this section applies shall be competent to commence any
proceedings referred to in subsection (1).
(3) Subject to the provisions of this Ordinance, nothing in this section or Schedule 10 shall be construed to vest
in the tribunal any jurisdiction other than civil jurisdiction or any jurisdiction to make any order which would, if made,
have the effect of rendering void, negativing or substantially varying in whole or in part any contractual or proprietory
right enjoyed by any owner or occupier or otherwise referred to in the terms and provisions of an instrument which is
registered in the Land Registry including a deed of mutual covenant (if any). (Amended 69 of 2000 s. 22)
(4) This section applies to the following persons, namely-
(a) an owner;
(aa) the Authority; (Added 69 of 2000 s. 22)
(b) a person referred to in section 3(1)(a) or (b);
(c) a management committee;
(d) a corporation;
(e) a manager within the meaning of Part VIA;
(f) an owners' committee within the meaning of that Part;
(g) a registered mortgagee;
(h) an administrator;
(i) with leave of the tribunal, the tenants' representative; or
(j) with leave of the tribunal, any other person specified in an instrument which is registered in the Land
Registry including a deed of mutual covenant (if any).
(5) In this section and Schedule 10, "proprietory right" (所有權權利) includes any such right express or
implied whether specified in an easement, licence, permission or otherwise.
(Amended 5 of 2007 s. 64)
Schedule: 1 COMMON PARTS L.N. 92 of 2007 01/08/2007
[sections 2 & 42]
(Amended 5 of 2007 s. 25)
Cap 344 - BUILDING MANAGEMENT ORDINANCE 30
1. External walls and load bearing walls, foundations, columns, beams and other structural supports.
2. Walls enclosing passageways, corridors and staircases.
3. The roofs, chimneys, gables, gutters, lightning conductors, satellite dishes and ancillary equipment, aerials and
aerial cables. (Amended 27 of 1993 s. 38)
4. Parapet walls, fences and boundary walls.
5. Vents serving 2 or more flats. (Amended 27 of 1993 s. 42)
6. Water tanks, reservoirs, pumps, wells, sewers, sewage treatment plants, drains, soil pipes, waste pipes, channels,
water-courses, gutters, ducts, downpipes, cables, conduits, refuse chutes, hoppers and refuse container chambers.
(Amended 27 of 1993 s. 38)
7. Cellars, toilets, water closets, wash houses, bathhouses, kitchens and caretakers' flats.
8. Passageways, corridors, staircases, landings, light wells, staircase window frames and glazing, hatchways,
roofways and outlets to the roofs and doors and gates giving access thereto.
9. Lifts, escalators, lift shafts and machinery and apparatus used in connection therewith and the housing thereof.
10. Lighting apparatus, air conditioning apparatus, central heating apparatus, fire fighting equipment and
installations intended for the use and benefit of all of the owners generally and any room or chamber in which
such apparatus, equipment or installation is fitted or installed.
11. Fixtures situated in a flat which are used in connection with the enjoyment of any other flat or other portion of
the building.
12. Lawns, gardens and playgrounds and any other recreational areas. (Added 27 of 1993 s. 38)
13. Swimming pools, tennis courts, basketball courts, squash courts and premises containing or housing any other
sporting or recreational facilities. (Added 27 of 1993 s. 38)
14. Clubhouses, gymnasiums, sauna rooms and premises containing health or leisure facilities. (Added 27 of 1993 s.
38)
15. Slopes, gradients and retaining walls including sea walls (if any) comprising or forming part of any land which
is in common ownership with the building. (Added 27 of 1993 s. 38)
Schedule: 1A FORMS L.N. 92 of 2007 01/08/2007
[sections 3, 3A, 4, 40C & 42
& Schedules 3 & 8]
FORM 1
INSTRUMENT OF PROXY FOR MEETINGS OF OWNERS
Meeting of the owners of .......................................................................................................
(description of building)
I/We, ......................................................................................... (name(s) of owner(s)), being the owner(s)
of ........................................................................................................... (unit and address of building), hereby
appoint ......................................................................... (name of proxy) *[or failing him ................................................
Cap 344 - BUILDING MANAGEMENT ORDINANCE 31
(name of alternative proxy)], as my/our proxy to attend and vote on my/our behalf at the meeting of the owners of the
building described above, to be held on the ............................... day of ...................................................... *[and at any
adjournment thereof].
Dated this day of .
(Signature of owner(s))
*Delete where inapplicable.
——————————
FORM 2
INSTRUMENT OF PROXY FOR MEETINGS OF CORPORATION
The Incorporated Owners of ................................................................................................
(description of building)
I/We, ............................................................... (name(s) of owner(s)), being the owner(s)
of ............................................................................................................................................. (unit and address of
building), hereby appoint .......................................................................... (name of proxy) *[or failing
him ............................................................................... (name of alternative proxy)], as my/our proxy to attend and vote
on my/our behalf at the [*general meeting/annual general meeting] of The Incorporated Owners
of ................................................................................ (description of building), to be held on
the ......................................... day of ....................................................... *[and at any adjournment thereof].
Dated this day of .
(Signature of owner(s))
*Delete where inapplicable.
(Schedule 1A added 5 of 2007 s. 26)
Schedule: 2 Composition And Procedure of Management Committee E.R. 1 of 2015 29/01/2015
[sections 2, 6, 7, 14, 18, 34K
& 42 & Schedule 3]
(Amended 5 of 2007 s. 27)
1. (1) The number of members of a management committee shall be as follows—
(a) where the building contains not more than 50 flats, the number of members shall be not less than 3;
(b) where the building contains more than 50 flats but not more than 100 flats, the number of members
shall be not less than 7;
(c) where the building contains more than 100 flats, the number of members shall be not less than 9.
(2) Subject to subparagraph (1), the number of members of a management committee shall be decided by a
resolution of the owners under paragraph 2(1)(a).
(3) Subject to subparagraph (1), the number of members of a management committee as decided under
paragraph 2(1)(a) may be changed from time to time by a resolution of the owners passed at a general
meeting of the corporation (except a general meeting of the corporation convened under paragraph 6A(1)).
(4) A management committee shall include the tenants' representative (if any) appointed under section 15(1).
(Replaced 5 of 2007 s. 27)
Cap 344 - BUILDING MANAGEMENT ORDINANCE 32
1A. In paragraph 1, flats (單位) does not mean any garage, carpark or carport.
(Added 69 of 2000 s. 23)
2. (1) At a meeting of owners convened under section 3, 3A, 4 or 40C, after a management committee is
appointed—
(a) the owners shall, by a resolution passed by a majority of the votes of the owners, decide the number of
members of the management committee;
(b) subject to subparagraph (2), the owners shall, by resolution, appoint, from amongst the owners, the
members of the management committee;
(c) the owners shall, by resolution—
(i) appoint a person, from amongst the members of the management committee, as the chairman of
the management committee;
(ii) appoint a person, whether or not he is a member of the management committee, as the secretary
of the management committee; and
(iii) appoint a person, whether or not he is a member of the management committee, as the treasurer
of the management committee; and
(d) the owners may, by resolution, appoint a person, from amongst the members of the management
committee, as the vice-chairman of the management committee. (Replaced 5 of 2007 s. 27)
(2) The tenants' representative appointed under section 15(1) shall be deemed to be appointed by the owners as
a member of the management committee.
(3) For the purposes of appointing the members of a management committee under subparagraph (1)(b)—
(a) where the number of candidates is not more than the number of members of the management
committee to be appointed, the candidates shall be deemed to be appointed as members of the
management committee, and a resolution to that effect shall be deemed to be passed under
subparagraph (1)(b) accordingly;
(b) where there are more candidates than the number of members of the management committee to be
appointed—
(i) the votes shall be given and counted in accordance with the simple or relative majority system of
voting (otherwise known as the "first past the post" system of voting), under which—
(A) an owner may vote for not more than the number of members of the management
committee to be appointed; and
(B) the candidates to be appointed as members of the management committee are those who
obtain the greatest number of votes and then the next greatest and so on until the required
number of members of the management committee is appointed;
(ii) if, after the counting is finished, a member of the management committee is still to be appointed
and the most successful candidates remaining have an equal number of votes, the person who
presides at the meeting shall determine the result by drawing lots, and the candidate on whom the
lot falls is to be appointed as a member of the management committee. (Added 5 of 2007 s. 27)
(4) For the purposes of appointing the chairman, vice-chairman (if applicable), secretary and treasurer of a
management committee under subparagraph (1)(c) and (d)—
(a) where there is only one candidate for the office of the chairman, vice-chairman, secretary or treasurer
of the management committee, the candidate shall be deemed to be appointed as the chairman, vice-
chairman, secretary or treasurer, as the case may be, of the management committee, and a resolution to
that effect shall be deemed to be passed under subparagraph (1)(c) or (d), as the case may be,
accordingly;
(b) where there is more than one candidate for the office of the chairman, vice-chairman, secretary or
treasurer of the management committee—
(i) the votes shall be given and counted in accordance with the simple or relative majority system of
voting (otherwise known as the "first past the post" system of voting), under which the candidate
to be appointed as the chairman, vice-chairman, secretary or treasurer, as the case may be, of the
management committee is the candidate who obtains the greatest number of votes;
(ii) if, after the counting is finished, the most successful candidates for the office of the chairman,
vice-chairman, secretary or treasurer of the management committee have an equal number of
votes, the person who presides at the meeting shall determine the result by drawing lots, and the
Cap 344 - BUILDING MANAGEMENT ORDINANCE 33
candidate on whom the lot falls is to be appointed as the chairman, vice-chairman, secretary or
treasurer, as the case may be, of the management committee. (Added 5 of 2007 s. 27)
(5) A person who is not a member of the management committee appointed under subparagraph (1)(b) does not
by virtue of his appointment as the secretary or treasurer of the management committee under subparagraph
(1)(c)(ii) or (iii), as the case may be, become a member of the management committee. (Added 5 of 2007 s.
27)
(6) For the purposes of appointing the members, chairman, vice-chairman (if applicable), secretary and
treasurer of a management committee under subparagraph (1)(b), (c) and (d) at a meeting of owners
convened under section 3, 3A, 4 or 40C—
(a) if the meeting is convened under section 3, the provisions in section 3(7), (8), (9), (10), (11), (12), (13)
and (14) shall apply as they apply for the purposes of appointing a management committee under
section 3;
(b) if the meeting is convened under section 3A, the provisions in section 3A(3E), (3F), (3G), (3H), (3I),
(3J), (3K) and (3L) shall apply as they apply for the purposes of appointing a management committee
under section 3A;
(c) if the meeting is convened under section 4, the provisions in section 4(9), (10), (11), (12), (13), (14),
(15) and (16) shall apply as they apply for the purposes of appointing a management committee under
section 4; or
(d) if the meeting is convened under section 40C, the provisions in section 40C(8), (9), (10), (11), (12),
(13), (14) and (15) shall apply as they apply for the purposes of appointing a management committee
under section 40C. (Added 5 of 2007 s. 27)
(Replaced 27 of 1993 s. 39)
3. Subject to section 14 and paragraph 4, the members of the management committee appointed under paragraph
2(1)(b) shall hold office until the members of a new management committee are appointed under paragraph
5(2)(a).
(Amended 69 of 2000 s. 23; 5 of 2007 s. 27)
4. (1) For the purposes of section 14(2) and paragraphs 2(1)(b), 5(2)(a), 6 and 6A, a person is not eligible to be
appointed as a member of a management committee if he—
(a) is an undischarged bankrupt at the time of the appointment or has, within the previous 5 years, either
obtained a discharge in bankruptcy or entered into a voluntary arrangement within the meaning of the
Bankruptcy Ordinance (Cap 6) with his creditors, in either case without paying the creditors in full;
(b) has, within the previous 5 years, been convicted of an offence in Hong Kong or any other place for
which he has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3
months without the option of a fine. (Replaced 5 of 2007 s. 27)
(2) A member of a management committee shall cease to be a member of the committee if he—
(a) becomes disqualified for appointment as a member of a management committee under sub-paragraph
(1);
(b) becomes incapacitated by physical or mental illness;
(c) absents himself from 3 or more consecutive meetings of the management committee without the
consent of the management committee;
(d) resigns his office, by notice in writing delivered to the secretary of the management committee or (if
he is the secretary or the office of the secretary is vacant) the chairman of the management committee;
(Amended 5 of 2007 s. 27)
(da) in the case of a person deemed to be appointed under paragraph 2(2) in his capacity as the tenants'
representative, ceases to be an occupier of a flat; (Added 27 of 1993 s. 39)
(e) ceases to be an owner, if appointed in his capacity as an owner; or (Amended 5 of 2007 s. 27)
(f) is removed from office by resolution of the corporation.
(3) Every member of the management committee appointed under section 14(2) or paragraph 2(1)(b), 5(2)(a), 6
or 6A shall, within 21 days after the appointment, lodge with the secretary of the management committee a
statement, in such form as the Land Registrar may specify, stating that he does not fall within the
description of subparagraph (1)(a) or (b). (Added 5 of 2007 s. 27. Amended 18 of 2014 s. 56)
(4) A member of the management committee who fails to comply with subparagraph (3) shall cease to be such
Cap 344 - BUILDING MANAGEMENT ORDINANCE 34
member. (Added 5 of 2007 s. 27)
(5) Subject to subparagraph (7), where a change occurs in any matter stated in a statement referred to in
subparagraph (3), the person who made the statement shall, within 21 days after the change occurs, lodge
with the secretary of the management committee another statement, in such form as the Land Registrar may
specify, stating the particulars of the change. (Added 5 of 2007 s. 27. Amended 18 of 2014 s. 56)
(6) The secretary of the management committee shall—
(a) after receiving a statement by virtue of subparagraph (3) from a member of the management committee
appointed under paragraph 2(1)(b), cause the statement to be lodged with the Land Registrar within the
period of 28 days referred to in section 7(1);
(b) within 28 days after receiving a statement by virtue of subparagraph (3) from a member of the
management committee appointed under section 14(2) or paragraph 5(2)(a), 6 or 6A, or by virtue of
subparagraph (5), lodge with the Land Registrar the statement. (Added 5 of 2007 s. 27. Amended 18
of 2014 s. 56)
(7) Where the person referred to in subparagraph (5) is the secretary of the management committee, that person
shall, within 28 days after the relevant change occurs, lodge with the Land Registrar a statement, in such
form as the Land Registrar may specify, stating the particulars of the change. (Added 5 of 2007 s. 27.
Amended 18 of 2014 s. 56)
(8) Where, after the commencement* of Part 9 of the Statute Law (Miscellaneous Provisions) Ordinance 2014
(18 of 2014), a change occurs in any matter stated in a declaration lodged before the commencement* under
subparagraph (3) that was in force immediately before the commencement*, the person who made the
declaration must lodge a statement in accordance with subparagraph (5) or (7) as if that declaration were a
statement lodged under subparagraph (3) on or after the commencement*. (Added 18 of 2014 s. 56)
5. (1) At the second annual general meeting of a corporation convened in accordance with paragraph 1(1)(b) of
Schedule 3 and thereafter at every alternate annual general meeting— (Amended 5 of 2007 ss. 27 & 65)
(a) all members of the management committee (other than the member (if any) deemed to be appointed
under paragraph 2(2) in his capacity as the tenants’ representative);
(b) if the secretary of the management committee is not a member of the management committee, the
secretary; and
(c) if the treasurer of the management committee is not a member of the management committee, the
treasurer,
shall retire from office. (Amended 5 of 2007 s. 27)
(2) At an annual general meeting of a corporation at which the members of the management committee retire
under subparagraph (1)—
(a) subject to subparagraph (2A), the corporation shall, by a resolution passed at the general meeting,
appoint, from amongst the owners, the members of a new management committee;
(b) the corporation shall, by a resolution passed at the general meeting—
(i) appoint a person, from amongst the members of the new management committee, as the
chairman of the new management committee;
(ii) appoint a person, whether or not he is a member of the new management committee, as the
secretary of the new management committee; and
(iii) appoint a person, whether or not he is a member of the new management committee, as the
treasurer of the new management committee; and
(c) the corporation may, by a resolution passed at the general meeting, appoint a person, from amongst the
members of the new management committee, as the vice-chairman of the new management committee.
(Replaced 5 of 2007 s. 27)
(2A) The tenants’ representative appointed under section 15(1) shall be deemed to be appointed by the
corporation as a member of the new management committee. (Added 5 of 2007 s. 27)
(2B) For the purposes of appointing the members of the new management committee under subparagraph (2)(a)
—
(a) where the number of candidates is not more than the number of members of the new management
committee to be appointed, the candidates shall be deemed to be appointed as members of the new
management committee, and a resolution to that effect shall be deemed to be passed under
subparagraph (2)(a) accordingly;
Cap 344 - BUILDING MANAGEMENT ORDINANCE 35
(b) where there are more candidates than the number of members of the new management committee to be
appointed—
(i) the votes shall be given and counted in accordance with the simple or relative majority system of
voting (otherwise known as the “first past the post” system of voting), under which—
(A) an owner may vote for not more than the number of members of the new management
committee to be appointed; and
(B) the candidates to be appointed as members of the new management committee are those
who obtain the greatest number of votes and then the next greatest and so on until the
required number of members of the new management committee is appointed;
(ii) if, after the counting is finished, a member of the new management committee is still to be
appointed and the most successful candidates remaining have an equal number of votes, the
person who presides at the meeting shall determine the result by drawing lots, and the candidate
on whom the lot falls is to be appointed as a member of the new management committee.
(Added 5 of 2007 s. 27)
(2C) For the purposes of appointing the chairman, vice-chairman (if applicable), secretary and treasurer of the
new management committee under subparagraph (2)(b) and (c)—
(a) where there is only one candidate for the office of the chairman, vice-chairman, secretary or treasurer
of the new management committee, the candidate shall be deemed to be appointed as the chairman,
vice-chairman, secretary or treasurer, as the case may be, of the new management committee, and a
resolution to that effect shall be deemed to be passed under subparagraph (2)(b) or (c), as the case may
be, accordingly;
(b) where there is more than one candidate for the office of the chairman, vice-chairman, secretary or
treasurer of the new management committee—
(i) the votes shall be given and counted in accordance with the simple or relative majority system of
voting (otherwise known as the “first past the post” system of voting), under which the
candidate to be appointed as the chairman, vice-chairman, secretary or treasurer, as the case may
be, of the new management committee is the candidate who obtains the greatest number of votes;
(ii) if, after the counting is finished, the most successful candidates for the office of the chairman,
vice-chairman, secretary or treasurer of the new management committee have an equal number
of votes, the person who presides at the meeting shall determine the result by drawing lots, and
the candidate on whom the lot falls is to be appointed as the chairman, vice-chairman, secretary
or treasurer, as the case may be, of the new management committee. (Added 5 of 2007 s. 27)
(3) Members of the management committee who retire under sub-paragraph (1) shall be eligible for re-
appointment under sub-paragraph (2).
(4) A person who is not a member of the new management committee appointed under subparagraph (2)(a)
does not by virtue of his appointment as the secretary or treasurer of the new management committee under
subparagraph (2)(b)(ii) or (iii), as the case may be, become a member of the new management committee.
(Added 5 of 2007 s. 27)
5A. A member of a management committee who ceases to be a member of the committee under paragraph 4(2) or
(4) or retires from office under paragraph 5(1) and does not seek re-appointment to the committee shall, within
14 days of his ceasing to be a member or of his retirement, as the case may be, hand over to the secretary or, if
the office of the secretary is vacant, the chairman of the management committee any books or records of
account, papers, documents and other records in respect of the control, management and administration of the
building together with any movable property belonging to the corporation that are under his control or in his
custody or possession.
(Added 27 of 1993 s. 39. Amended 5 of 2007 s. 27)
6. (1) Notwithstanding paragraph 1, subject to subparagraph (1A) and paragraph 6A, a vacancy in a management
committee which occurs other than by reason of the expiration of the term of office may be filled by the
corporation or the management committee under subparagraph (3), (4) or (5), as the case requires.
(Replaced 5 of 2007 s. 27)
(1A) If the vacancy is caused by the tenants' representative ceasing to be a member of the management
committee for whatever reason, the vacancy may be filled by the approved association (within the meaning
Cap 344 - BUILDING MANAGEMENT ORDINANCE 36
of section 15(2)) appointing a new tenants’ representative under section 15(1). (Replaced 5 of 2007 s. 27)
(1B) (Repealed 5 of 2007 s. 27)
(2) (Repealed 5 of 2007 s. 27)
(3) If the vacancy occurs in the office of a member of a management committee (other than a vacancy caused
by the tenants’ representative ceasing to be a member of the management committee)—
(a) the corporation may, by a resolution passed at a general meeting of the corporation, appoint an owner
to fill the vacancy till the next annual general meeting of the corporation at which the members of the
management committee retire under paragraph 5(1); or
(b) if no general meeting of the corporation has been so convened or no appointment is made to fill the
vacancy at a general meeting so convened, the management committee may appoint an owner to fill
the vacancy till the next general meeting of the corporation. (Added 5 of 2007 s. 27)
(4) If the vacancy occurs in the office of the chairman or vice-chairman of a management committee—
(a) the corporation may, by a resolution passed at a general meeting of the corporation, appoint a person,
from amongst the members of the management committee, to fill the vacancy till the next annual
general meeting of the corporation at which the members of the management committee retire under
paragraph 5(1); or
(b) if no general meeting of the corporation has been so convened or no appointment is made to fill the
vacancy at a general meeting so convened, the members of the management committee may appoint a
person, from amongst themselves, to fill the vacancy till the next general meeting of the corporation.
(Added 5 of 2007 s. 27)
(5) If the vacancy occurs in the office of the secretary or treasurer of a management committee—
(a) the corporation may, by a resolution passed at a general meeting of the corporation, appoint a person,
whether or not he is a member of the management committee, to fill the vacancy till the next annual
general meeting of the corporation at which the members of the management committee retire under
paragraph 5(1); or
(b) if no general meeting of the corporation has been so convened or no appointment is made to fill the
vacancy at a general meeting so convened, the management committee may appoint a person, whether
or not he is a member of the management committee, to fill the vacancy till the next general meeting of
the corporation. (Added 5 of 2007 s. 27)
(6) A person who is not a member of a management committee does not by virtue of his appointment as the
secretary or treasurer of the management committee under subparagraph (5)(a) or (b), as the case may be,
become a member of the management committee. (Added 5 of 2007 s. 27)
(7) For the purposes of filling the vacancy occurring in the office of a member of a management committee
under subparagraph (3)(a)—
(a) where the number of candidates is not more than the number of members of the management
committee to be appointed, the candidates shall be deemed to be appointed as members of the
management committee, and a resolution to that effect shall be deemed to be passed under
subparagraph (3)(a) accordingly;
(b) where there are more candidates than the number of members of the management committee to be
appointed—
(i) the votes shall be given and counted in accordance with the simple or relative majority system of
voting (otherwise known as the "first past the post" system of voting), under which—
(A) an owner may vote for not more than the number of members of the management
committee to be appointed; and
(B) the candidates to be appointed as members of the management committee are those who
obtain the greatest number of votes and then the next greatest and so on until the required
number of members of the management committee is appointed;
(ii) if, after the counting is finished, a member of the management committee is still to be appointed
and the most successful candidates remaining have an equal number of votes, the person who
presides at the meeting shall determine the result by drawing lots, and the candidate on whom the
lot falls is to be appointed as a member of the management committee. (Added 5 of 2007 s. 27)
(8) For the purposes of filling the vacancy occurring in the office of the chairman or vice-chairman of a
management committee under subparagraph (4)(a), or the office of the secretary or treasurer of a
management committee under subparagraph (5)(a)—
Cap 344 - BUILDING MANAGEMENT ORDINANCE 37
(a) where there is only one candidate for the office of the chairman, vice-chairman, secretary or treasurer
of the management committee, the candidate shall be deemed to be appointed as the chairman, vice-
chairman, secretary or treasurer, as the case may be, of the management committee, and a resolution to
that effect shall be deemed to be passed under subparagraph (4)(a) or (5)(a), as the case may be,
accordingly;
(b) where there is more than one candidate for the office of the chairman, vice-chairman, secretary or
treasurer of the management committee—
(i) the votes shall be given and counted in accordance with the simple or relative majority system of
voting (otherwise known as the “first past the post” system of voting), under which the
candidate to be appointed as the chairman, vice-chairman, secretary or treasurer, as the case may
be, of the management committee is the candidate who obtains the greatest number of votes;
(ii) if, after the counting is finished, the most successful candidates for the office of the chairman,
vice-chairman, secretary or treasurer of the management committee have an equal number of
votes, the person who presides at the meeting shall determine the result by drawing lots, and the
candidate on whom the lot falls is to be appointed as the chairman, vice-chairman, secretary or
treasurer, as the case may be, of the management committee. (Added 5 of 2007 s. 27)
6A. (1) Notwithstanding paragraphs 1 and 9, where the number of vacancies occurring in the offices of members of
a management committee is more than 50% of the number of members of the management committee as
decided under paragraph 2(1)(a) or, if that number of members has been changed under paragraph 1(3), 50%
of the number of members so changed—
(a) the chairman of the management committee may convene a general meeting of the corporation for the
sole purpose of filling the vacancies in the management committee; or
(b) if one of the vacancies occurs in the office of the chairman of the management committee, the
remaining members of the management committee may appoint a person, from amongst themselves, to
convene a general meeting of the corporation for the sole purpose of filling the vacancies in the
management committee.
(2) For the purposes of filling the vacancies in a management committee under subparagraph (1)—
(a) paragraph 6(3)(a), (4)(a), (5)(a), (6), (7) and (8) shall apply as it applies where the number of vacancies
occurring in the offices of members of a management committee is not more than 50% of the number
of members of the management committee as decided under paragraph 2(1)(a) or, if that number of
members has been changed under paragraph 1(3), 50% of the number of members so changed; and
(b) Schedule 3 (except paragraph 1 of that Schedule) shall, subject to the following modifications, apply as
it applies to a general meeting of the corporation convened by a management committee—
(i) where the general meeting of the corporation is convened under subparagraph (1)(a) and one of
the vacancies occurs in the office of the secretary of the management committee, the references
to the secretary of the management committee in Schedule 3 shall be construed as references to
the chairman of the management committee;
(ii) where the general meeting of the corporation is convened under subparagraph (1)(b), the
references to the chairman of the management committee in Schedule 3 shall be construed as
references to the person appointed under that subparagraph to convene the meeting;
(iii) where the general meeting of the corporation is convened under subparagraph (1)(b) and one of
the vacancies occurs in the office of the secretary of the management committee, the references
to the secretary of the management committee in Schedule 3 shall be construed as references to
the person appointed under that subparagraph to convene the meeting.
(Added 5 of 2007 s. 27)
7. A management committee shall meet at least once in every period of 3 months.
(Replaced 27 of 1993 s. 39)
8. (1) A meeting of a management committee—
(a) may be convened at any time by the chairman or the vice-chairman (if any) in the absence of the
chairman; and
(b) shall be convened by the secretary, at the request of any 2 members thereof, within 14 days of
Cap 344 - BUILDING MANAGEMENT ORDINANCE 38
receiving such request, and held within 21 days of receiving such request. (Amended 5 of 2007 s. 27)
(2) The secretary shall, at least 7 days before the date of the meeting of the management committee, give notice
of the meeting to each member of the management committee and (if the treasurer of the management
committee is not a member of the management committee) the treasurer of the management committee, and
display the notice of meeting in a prominent place in the building. (Replaced 5 of 2007 s. 27)
(2AA) The notice of meeting shall specify—
(a) the date, time and place of the meeting; and
(b) the resolutions (if any) that are to be proposed at the meeting. (Added 5 of 2007 s. 27)
(2A) The notice of meeting may be given—
(a) by delivering it personally to the member of the management committee or (if the treasurer of the
management committee is not a member of the management committee) the treasurer of the
management committee;
(b) by sending it by post to the member or, if applicable, the treasurer, at his last known address; or
(c) by leaving it at the flat of the member or, if applicable, the treasurer or depositing it in the letter box
for that flat. (Replaced 5 of 2007 s. 27)
(3) (Repealed 5 of 2007 s. 27)
9. The quorum at a meeting of the management committee shall be 50% of the members of the management
committee (rounded up to the nearest whole number) or 3 such members, whichever is the greater.
(Replaced 27 of 1993 s. 39)
10. (1) A meeting of a management committee shall be presided over by—
(a) the chairman; or
(aa) in the absence of the chairman, the vice-chairman (if any); or (Added 27 of 1993 s. 39)
(b) in the absence of the chairman and the vice-chairman (if any), a member appointed as chairman for
that meeting by the management committee.
(2) All acts, matters or things authorized or required to be done by the management committee may be decided
by a resolution passed by a majority of the votes of members of the management committee present at a
meeting of the management committee.
(3) At a meeting of the management committee, each member present shall have one vote on a question before
the committee and if there is an equality of votes the person presiding over the meeting shall have, in
addition to a deliberative vote, a casting vote.
(4) The secretary shall keep minutes of the proceedings at every meeting of a management committee.
(4A) The minutes referred to in subparagraph (4) shall be certified by the person presiding over the meeting as
containing a true record of the proceedings of the meeting of the management committee to which they
relate. (Added 27 of 1993 s. 39)
(4B) The secretary shall display the minutes certified in accordance with subparagraph (4A) in a prominent place
in the building within 28 days of the date of the meeting of the management committee to which the
minutes relate, and cause the minutes to remain so displayed for at least 7 consecutive days. (Replaced 5 of
2007 s. 27)
(5) Subject to this Ordinance, the procedure at meetings of a management committee shall be as is determined
by the management committee.
10A. (1) The minutes certified in accordance with paragraph 10(4A) shall be kept by the management committee for
such period, being not less than 6 years, as the corporation may determine.
(2) If the tenants’ representative, an owner, a registered mortgagee or any person duly authorized in writing in
that behalf by an owner or registered mortgagee requests in writing the corporation to supply him with
copies of any minutes certified in accordance with paragraph 10(4A), the secretary shall, on the payment of
such reasonable copying charge as the management committee may determine, supply such copies to that
person.
(Added 5 of 2007 s. 27)
11. (1) Where an owner or other person, being a body corporate, is appointed as a member of a management
committee under this Schedule that body corporate may appoint a director or other officer of that body or
Cap 344 - BUILDING MANAGEMENT ORDINANCE 39
some other individual to act as its representative (authorized representative (獲授權代表)) for the
purposes of this Ordinance as if the authorized representative were a member of the management committee
in his own right and paragraph 4(1), (2)(a), (b), (c), (d) and (f), (3), (4) and (5) shall apply to the authorized
representative. (Amended 5 of 2007 s. 27)
(2) If an authorized representative ceases to be a member of a management committee under paragraph 4(2)(a),
(b), (c), (d) or (f) or (4), the body corporate may appoint another authorized representative in his place, and
paragraph 4(1), (2)(a), (b), (c), (d) and (f), (3), (4) and (5) shall apply to that other authorized representative.
(Replaced 5 of 2007 s. 27)
(Added 27 of 1993 s. 39)
12. In the event of any inconsistency between this Schedule and the terms of a deed of mutual covenant or any other
agreement, this Schedule shall prevail.
(Added 27 of 1993 s. 39)
(Amended 27 of 1993 ss. 39 & 42)
(Format changes—E.R. 1 of 2015)
______________________________________________________________________________
Note:
* Commencement date: 5 January 2015.
Schedule: 3 MEETINGS AND PROCEDURE OF CORPORATION L.N. 92 of 2007 01/08/2007
[sections 8, 10, 27, 30, 34D
& 42 & Schedules 2 & 11]
(Amended 5 of 2007 s. 28)
1. (1) The management committee shall convene—
(a) the first annual general meeting of a corporation not later than 15 months after the date of the
registration of the corporation;
(b) an annual general meeting not earlier than 12 months, and not later than 15 months, after the date of
the first or previous annual general meeting; (Replaced 27 of 1993 s. 40)
(c) a general meeting of the corporation at any time for such purposes as the management committee
thinks fit.
(2) The chairman of the management committee shall convene a general meeting of the corporation at the
request of not less than 5% of the owners for the purposes specified by such owners within 14 days of receiving such
request, and hold the general meeting within 45 days of receiving such request. (Amended 5 of 2007 s. 28)
2. (1) The secretary of the management committee shall, at least 14 days before the date of the meeting of the
corporation, give notice of the meeting to each owner and the tenants’ representative (if any). (Replaced 5 of 2007 s.
28)
(1AA) The notice of meeting shall specify—
(a) the date, time and place of the meeting; and
(b) the resolutions (if any) that are to be proposed at the meeting or other matters that are to be discussed
at the meeting. (Added 5 of 2007 s. 28)
(1A) The notice of meeting may be given— (Amended 5 of 2007 s. 28)
(a) by delivering it personally to the owner or tenants' representative (if any); or
(b) by sending it by post to the owner or tenants' representative (if any) at his last known address; or
(c) by leaving it at the flat of the owner or tenants' representative (if any) or depositing it in the letter box
for that flat. (Replaced 5 of 2007 s. 28)
(Added 27 of 1993 s. 40. Amended 12 of 1998 s. 8; 5 of 2007 s. 28)
(2) The secretary shall also, at least 14 days before the date of the meeting of the corporation, display the notice
of meeting in a prominent place in the building. (Replaced 5 of 2007 s. 28)
3. (1) A meeting of the corporation shall be presided over by—
(a) the chairman of the management committee;
Cap 344 - BUILDING MANAGEMENT ORDINANCE 40
(b) in the absence of the chairman of the management committee, the vice-chairman (if any) of the
management committee; or
(c) in the absence of the chairman and the vice-chairman (if any) of the management committee, a person
appointed by the owners present at the meeting from amongst themselves. (Replaced 5 of 2007 s. 28)
(2) (Repealed 5 of 2007 s. 28)
(3) Subject to section 10(1) and paragraphs 5(2), (2B) and (2C), 6(3)(a), (4)(a), (5)(a), (7) and (8) and 6A(2)(a)
of Schedule 2, all matters arising at a meeting of the corporation at which a quorum is present shall be decided by a
majority of the votes of the owners voting either personally or by proxy. (Amended 5 of 2007 s. 28)
(4) If there is an equality of votes the person presiding over the meeting shall have, in addition to a deliberative
vote, a casting vote.
(5) (a) At any meeting of the corporation an owner shall, unless the deed of mutual covenant (if any)
otherwise provides and subject to sub-paragraph (6), have one vote in respect of each share which he
owns. (Amended 8 of 1993 s. 2; 5 of 2007 s. 28)
(b) Where 2 or more persons are the co-owners of a share, the vote in respect of the share may be cast—
(i) by a proxy jointly appointed by the co-owners;
(ii) by a person appointed by the co-owners from amongst themselves; or
(iii) if no appointment is made under sub-sub-subparagraph (i) or (ii), either by one of the co-owners
personally or by a proxy appointed by one of the co-owners. (Replaced 5 of 2007 s. 28)
(c) Where 2 or more persons are the co-owners of a share and more than one of the co-owners seeks to
cast a vote in respect of the share, only the vote that is cast, whether personally or by proxy, by the co-
owner whose name, in order of priority, stands highest in relation to that share in the register kept at
the Land Registry shall be treated as valid. (Added 5 of 2007 s. 28)
(6) If a registered mortgagee is in possession of an owner's flat, such mortgagee shall, to the exclusion of the
owner, be entitled to exercise the voting rights of such owner.
(7) No resolution passed at any meeting of the corporation shall have effect unless the same was set forth in the
notice given in accordance with paragraph 2 or is ancillary or incidental to a resolution or other matter so set forth.
(Amended 5 of 2007 s. 28)
(8) Nothing in sub-paragraph (7) shall preclude the passing of a resolution as amended at a meeting of a
corporation.
4. (1) At a meeting of the corporation, an owner may cast a vote personally or by proxy. (Amended 5 of 2007 s.
28)
(2) The instrument appointing a proxy shall be in the form set out in Form 2 in Schedule 1A, and— (Amended
5 of 2007 s. 28)
(a) shall be signed by the owner; or
(b) if the owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be
impressed with the seal or chop of the body corporate and signed by a person authorized by the body
corporate in that behalf. (Amended 5 of 2007 s. 28)
(3) The instrument appointing a proxy shall be lodged with the secretary of the management committee at least
48 hours before the time for the holding of the meeting. (Replaced 5 of 2007 s. 28)
(4) The instrument appointing a proxy is valid only if it is made and lodged in accordance with subparagraphs
(2) and (3). (Added 5 of 2007 s. 28)
(5) Where an instrument appointing a proxy is lodged with the secretary of the management committee—
(a) the secretary shall—
(i) acknowledge receipt of the instrument by leaving a receipt at the flat of the owner who made the
instrument, or depositing the receipt in the letter box for that flat, before the time for the holding
of the meeting; and
(ii) display information of the owner’s flat in a prominent place in the place of the meeting before
the time for the holding of the meeting, and cause the information to remain so displayed until
the conclusion of the meeting; and
(b) the chairman of the management committee or, if he is absent, the person who presides at the meeting,
shall determine the validity of the instrument in accordance with subparagraph (4). (Added 5 of 2007
s. 28)
(6) The management committee shall keep all the instruments for the appointment of proxies that have been
Cap 344 - BUILDING MANAGEMENT ORDINANCE 41
lodged with the secretary of the management committee for a period of at least 12 months after the conclusion of the
meeting. (Added 5 of 2007 s. 28)
5. (1) The quorum at a meeting of the corporation shall be— (Amended 69 of 2000 s. 24)
(a) 20% of the owners, in the case of a meeting at which a resolution for the dissolution of the
management committee under section 30 is proposed; or
(b) 10% of the owners in any other case.
(2) A proxy appointed by an owner to attend and vote on behalf of the owner at a meeting of the corporation
shall, for the purposes of the meeting, be treated as being the owner present at the meeting. (Replaced 5 of 2007 s. 28)
5A. (1) Subject to subparagraph (2), where a meeting of the corporation convened under paragraph 1 is adjourned,
paragraphs 2, 3, 4 and 5 shall apply to the adjourned meeting as they apply to the original meeting.
(2) Where a meeting of the corporation convened under paragraph 1 is adjourned, a valid instrument appointing
a proxy made for the purposes of the original meeting shall remain valid for the purposes of the adjourned meeting
unless—
(a) contrary intention is shown on the instrument;
(b) the instrument is revoked; or
(c) the instrument is replaced by a new instrument appointing a proxy.
(Added 5 of 2007 s. 28)
6. (1) The secretary of the management committee shall keep minutes of the proceedings at every general meeting
of the corporation.
(2) The minutes referred to in subparagraph (1) shall be certified by the person presiding over the meeting as
containing a true record of the proceedings of the general meeting to which they relate.
(3) The secretary shall display the minutes certified in accordance with subparagraph (2) in a prominent place in
the building within 28 days of the date of the general meeting to which the minutes relate, and cause the minutes to
remain so displayed for at least 7 consecutive days. (Replaced 5 of 2007 s. 28)
(Added 27 of 1993 s. 40)
6A. (1) The minutes certified in accordance with paragraph 6(2) shall be kept by the management committee for
such period, being not less than 6 years, as the corporation may determine.
(2) If the tenants' representative, an owner, a registered mortgagee or any person duly authorized in writing in
that behalf by an owner or registered mortgagee requests in writing the corporation to supply him with copies of any
minutes certified in accordance with paragraph 6(2), the secretary shall, on the payment of such reasonable copying
charge as the management committee may determine, supply such copies to that person.
(Added 5 of 2007 s. 28)
7. The procedure at a general meeting shall be as is determined by the corporation.
(Added 27 of 1993 s. 40)
8. In the event of any inconsistency between this Schedule and the terms of a deed of mutual covenant or any other
agreement, this Schedule shall prevail.
(Added 27 of 1993 s. 40)
9. (Repealed 5 of 2007 s. 28)
(Amended 27 of 1993 ss. 40 & 42)
Schedule: 4 MAXIMUM ALLOWANCES PAYABLE TO
CHAIRMAN, VICE-CHAIRMAN, SECRETARY AND
TREASURER OF MANAGEMENT COMMITTEE
L.N. 92 of 2007 01/08/2007
[sections 18 & 42]
MAXIMUM ALLOWANCES PAYABLE TO CHAIRMAN,
Cap 344 - BUILDING MANAGEMENT ORDINANCE 42
VICE-CHAIRMAN, SECRETARY AND TREASURER
OF MANAGEMENT COMMITTEE
(Amended 5 of 2007 s. 29)
Item Number of flats Maximum per month
for each person
$
1. Not more than 50 600
2. More than 50 but not more than 100 900
3. More than 100 1200
(Added 27 of 1993 s. 41. Amended 5 of 2007 s. 29)
Schedule: 5 ANNUAL BUDGET L.N. 92 of 2007 01/08/2007
[sections 21 & 42]
(Amended 5 of 2007 s. 30)
1. The amount to be determined by the management committee under section 21(1) shall be based upon a budget
prepared by the management committee for the period specified by the management committee under that subsection.
2. The budget referred to in paragraph 1 shall set out the sums which in the opinion of the management committee
will be reasonably necessary to meet payments of the kind specified in section 20(1) and shall, if a contingency fund is
established under section 20(2), set out the sums which in the opinion of the management committee will be
reasonably necessary to meet payments of the kind specified in that subsection.
3. A revised budget may be prepared if the management committee is of the opinion that any sum set out in a
budget in respect of which the revised budget is to be prepared is insufficient to meet the proposed expenditure which
that sum was intended to meet.
4. If the tenants' representative, an owner, a registered mortgagee or any person duly authorized in writing in that
behalf by an owner or registered mortgagee requests in writing the corporation to supply him with copies of any
budget referred to in this Schedule, the treasurer shall, on the payment of such reasonable copying charge as the
management committee
may determine, supply such copies to that person.
5. The treasurer shall, if requested by the Authority or an authorized officer and without raising any charge, supply
the copies referred to in paragraph 4 to the Authority or that officer.
(Added 27 of 1993 s. 41)
Schedule: 6 ACCOUNTS L.N. 92 of 2007 01/08/2007
[sections 27 & 42
& Schedule 11]
(Amended 5 of 2007 s. 31)
1. All bills, invoices, vouchers, receipts and other documents referred to in the books or records of account and
other records maintained under section 27(1) shall be kept by the management committee for such period, being not
less than 6 years, as the corporation may determine.
1A. The management committee shall-
(a) at the request of not less than 5% of the owners, permit those owners or any person appointed by those
owners to inspect any bills, invoices, vouchers, receipts or other documents referred to in paragraph 1
at any reasonable time; and
(b) permit any person authorized by the court to inspect any bills, invoices, vouchers, receipts or other
Cap 344 - BUILDING MANAGEMENT ORDINANCE 43
documents referred to in paragraph 1 at any reasonable time.
(Added 5 of 2007 s. 31)
1B. For the purposes of paragraph 1A(b), an owner may apply to the court for an order authorizing the owner, or any
other person named in the application, to inspect any bills, invoices, vouchers, receipts or other documents referred to
in paragraph 1.
(Added 5 of 2007 s. 31)
1C. The court may make an order under paragraph 1B only if it is satisfied that-
(a) the application is made in good faith; and
(b) the inspection applied for is for a proper purpose.
(Added 5 of 2007 s. 31)
2. Within 1 month after each consecutive period of 3 months, or such shorter period as the management committee
may select, the treasurer shall prepare a summary of the income and expenditure of the corporation in respect of that
period, display a copy of the summary in a prominent place in the building, and cause it to remain so displayed for at
least 7 consecutive days.
(Amended 5 of 2007 s. 31)
3. If the tenants' representative, an owner, a registered mortgagee or any person duly authorized in writing in that
behalf by an owner or registered mortgagee requests in writing the corporation to supply him with copies of-
(a) the financial statements and, if applicable, the accountant's report prepared under section 27; or
(Amended 5 of 2007 s. 31)
(b) a summary of the income and expenditure of the corporation prepared under paragraph 2,
the treasurer shall, on the payment of such reasonable copying charge as the management committee may determine,
supply such copies to that person.
4. The treasurer shall, if requested by the Authority or an authorized officer and without raising any charge, supply
the copies referred to in paragraph 3 to the Authority or that officer.
(Added 27 of 1993 s. 41)
Schedule: 7 MANDATORY TERMS IN DEEDS OF MUTUAL
COVENANT
L.N. 92 of 2007 01/08/2007
[sections 34D, 34E, 34J,
40D & 42]
(Amended 69 of 2000 s. 25; 5 of 2007 s. 32)
1. Determination of total amount of management expenses
(1) Subject to subparagraphs (3), (5), (6) and (8), the total amount of management of a expenses payable by the
owners during any period of 12 months adopted by the manager of a building as the financial year in respect of the
management of that building shall be the total proposed expenditure during that year as specified by the manager in
accordance with subparagraph (2).
(2) In respect of each financial year, the manager shall-
(a) prepare a draft budget setting out the proposed expenditure during the financial year;
(b) send a copy of the draft budget to the owners' committee or, where there is no owners' committee,
display a copy of the draft budget in a prominent place in the building, and cause it to remain so
displayed for at least 7 consecutive days; (Amended 5 of 2007 s. 32)
(c) send or display, as the case may be, with the copy of the draft budget a notice inviting each owner to
send his comments on the draft budget to the manager within a period of 14 days from the date the
draft budget was sent or first displayed;
(d) after the end of that period, prepare a budget specifying the total proposed expenditure during the
financial year;
(e) send a copy of the budget to the owners' committee or, where there is no owners' committee, display a
Cap 344 - BUILDING MANAGEMENT ORDINANCE 44
copy of the budget in a prominent place in the building, and cause it to remain so displayed for at least
7 consecutive days. (Amended 5 of 2007 s. 32)
(3) Where, in respect of a financial year, the manager has not complied with subparagraph (2) before the start
of that financial year, the total amount of the management expenses for that year shall-
(a) until he has so complied, be deemed to be the same as the total amount of management expenses (if
any) for the previous financial year;
(b) when he has so complied, be the total proposed expenditure specified in the budget for that financial
year, and the amount that the owners shall contribute towards the management expenses shall be
calculated and adjusted accordingly.
(4) Where a budget has been sent or displayed in accordance with subparagraph (2)(e) and the manager wishes
to revise it, he shall follow the same procedures in respect of the revised budget as apply to the draft budget and
budget by virtue of subparagraph (2).
(5) Where a revised budget is sent or displayed in accordance with subparagraph (4), the total amount of the
management expenses for that financial year shall be the total expenditure or proposed expenditure specified in the
revised budget and the amount that owners shall contribute towards the management expenses shall be calculated and
adjusted accordingly.
(6) If there is a corporation and, within a period of 1 month from the date that a budget or revised budget for a
financial year is sent or first displayed in accordance with subparagraph (2) or (4), the corporation decides, by a
resolution of the owners, to reject the budget or revised budget, as the case may be, the total amount of management
expenses for the financial year shall, until another budget or revised budget is sent or displayed in accordance with
subparagraph (2) or (4) and is not so rejected under this subparagraph, be deemed to be the same as the total amount of
management expenses (if any) for the previous financial year, together with an amount not exceeding 10% of that total
amount as the manager may determine.
(7) If any owner requests in writing the manager to supply him with a copy of any draft budget, budget or
revised budget, the manager shall, on payment of a reasonable copying charge, supply a copy to that person.
(8) For the purposes of this paragraph, "expenditure" (開支) includes all costs, charges and expenses to be
borne by the owners, including the remuneration of the manager.
2. Keeping of accounts
(1) The manager shall maintain proper books or records of account and other financial records and shall keep
all bills, invoices, vouchers, receipts and other documents referred to in those books and records for at least 6 years.
(2) Within 1 month after each consecutive period of 3 months, or such shorter period as the manager may
select, the manager shall prepare a summary of income and expenditure and a balance sheet in respect of that period,
display a copy of the summary and balance sheet in a prominent place in the building, and cause it to remain so
displayed for at least 7 consecutive days. (Amended 5 of 2007 s. 32)
(3) Within 2 months after the end of each financial year, the manager shall prepare an income and expenditure
account and balance sheet for that year, display a copy of the income and expenditure account and balance sheet in a
prominent place in the building, and cause it to remain so displayed for at least 7 consecutive days. (Amended 5 of
2007 s. 32)
(4) Each income and expenditure account and balance sheet shall include details of the special fund required by
paragraph 4 and an estimate of the time when there will be a need to draw on that fund, and the amount of money that
will be then needed.
(5) The manager shall-
(a) permit any owner, at any reasonable time, to inspect the books or records of account and any income
and expenditure account or balance sheet; and
(b) on payment of a reasonable copying charge, supply any owner with a copy of any record or document
requested by him.
(6) If there is a corporation and the corporation decides, by a resolution of the owners, that any income and
expenditure account and balance sheet should be audited by an accountant of by some other independent auditor as
may be specified in that resolution, the manager shall without delay arrange for such an audit to be carried out by that
person and- (Amended 5 of 2007 s. 32)
(a) permit any owner, at any reasonable time, to inspect the audited income and expenditure account and
balance sheet and the report made by the accountant or auditor in respect of the income and
expenditure account and balance sheet; and
Cap 344 - BUILDING MANAGEMENT ORDINANCE 45
(b) on payment of a reasonable copying charge, supply any owner with a copy of the audited income and
expenditure account and balance sheet, or the report made by the accountant or auditor in respect of
the income and expenditure account and balance sheet, or both, as requested by the owner. (Amended
5 of 2007 s. 32)
(7) The financial year may not be changed more than once in every 5 years, unless that change is previously
approved by a resolution of the owners' committee (if any).
3. Manager to open and maintain bank account
(Amended 5 of 2007 s. 32)
(1) The manager shall open and maintain an interest-bearing account and shall use that account exclusively in
respect of the management of the building. (Amended 5 of 2007 s. 32)
(1A) Without prejudice to the generality of subparagraph (1), if there is a corporation, the manager shall open
and maintain one or more segregated interest-bearing accounts, each of which shall be designated as a trust account or
client account, for holding money received by him from or on behalf of the corporation in respect of the management
of the building. (Added 5 of 2007 s. 32)
(1B) The manager shall display a document showing evidence of any account opened and maintained under
subparagraph (1) or (1A) in a prominent place in the building. (Added 5 of 2007 s. 32)
(2) Subject to subparagraphs (3) and (4), the manager shall without delay pay all money received by him in
respect of the management of the building into the account opened and maintained under subparagraph (1) or, if there
is a corporation, the account or accounts opened and maintained under subparagraph (1A). (Amended 5 of 2007 s. 32)
(3) Subject to subparagraph (4), the manager may, out of money received by him in respect of the management
of the building, retain or pay into a current account a reasonable amount to cover expenditure of a minor nature, but
that amount shall not exceed such figure as is determined from time to time by a resolution of the owners' committee
(if any).
(4) The retention of a reasonable amount of money under subparagraph (3) or the payment of that amount into
a current account in accordance with that subparagraph and any other arrangement for dealing with money received by
the manager shall be subject to such conditions as may be approved by a resolution of the owners' committee (if any).
(5) Any reference in this paragraph to an account is a reference to an account opened with a bank within the
meaning of section 2 of the Banking Ordinance (Cap 155), the title of which refers to the management of the building.
(Amended 49 of 1995 s. 53)
4. Special fund
(1) The manager shall establish and maintain a special fund to provide for expenditure of a kind not expected
by him to be incurred annually.
(2) If there is a corporation, the corporation shall determine, by a resolution of the owners, the amount to be
contributed to the special fund by the owners in any financial year, and the time when those contributions shall be
payable.
(3) The manager shall open and maintain at a bank within the meaning of section 2 of the Banking Ordinance
(Cap 155) an interest-bearing account, the title of which shall refer to the special fund for the building, and shall use
that account exclusively for the purpose referred to in subparagraph (1). (Amended 49 of 1995 s. 53; 5 of 2007 s. 32)
(3A) Without prejudice to the generality of subparagraph (3), if there is a corporation, the manager shall open
and maintain one or more segregated interest-bearing accounts, each of which shall be designated as a trust account or
client account, for holding money received by him from or on behalf of the corporation in respect of the special fund.
(Added 5 of 2007 s. 32)
(3B) The manager shall display a document showing evidence of any account opened and maintained under
subparagraph (3) or (3A) in a prominent place in the building. (Added 5 of 2007 s. 32)
(4) The manager shall without delay pay all money received by him in respect of the special fund into the
account opened and maintained under subparagraph (3) or, if there is a corporation, the account or accounts opened
and maintained under subparagraph (3A). (Amended 5 of 2007 s. 32)
(5) Except in a situation considered by the manager to be an emergency, no money shall be paid out of the
special fund unless it is for a purpose approved by a resolution of the owners' committee (if any).
5. Contracts entered into by manager
Cap 344 - BUILDING MANAGEMENT ORDINANCE 46
(1) Subject to subparagraphs (2) and (3), the manager shall not enter into any contract for the procurement of
any supplies, goods or services the value of which exceeds or is likely to exceed the sum of $200000 or such other
sum in substitution therefor as the Authority may specify by notice in the Gazette unless-
(a) the supplies, goods or services are procured by invitation to tender; and
(b) the procurement complies with the Code of Practice referred to in section 20A(1).
(2) Subject to subparagraph (3), the manager shall not enter into any contract for the procurement of any
supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to 20% of the
annual budget or such other percentage in substitution therefor as the Authority may specify by notice in the Gazette
unless-
(a) if there is a corporation-
(i) the supplies, goods or services are procured by invitation to tender;
(ii) the procurement complies with the Code of Practice referred to in section 20A(1); and
(iii) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the
owners passed at a general meeting of the corporation, and the contract is entered into with the
successful tenderer; or
(b) if there is no corporation-
(i) the supplies, goods or services are procured by invitation to tender;
(ii) the procurement complies with the Code of Practice referred to in section 20A(1); and
(iii) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the
owners passed at a meeting of owners convened and conducted in accordance with the deed of
mutual covenant, and the contract is entered into with the successful tenderer.
(3) Subparagraphs (1) and (2) do not apply to any supplies, goods or services which but for this subparagraph
would be required to be procured by invitation to tender (referred to in this subparagraph as "relevant supplies, goods
or services")-
(a) where there is a corporation, if-
(i) the relevant supplies, goods or services are of the same type as any supplies, goods or services
which are for the time being supplied to the corporation by a supplier; and
(ii) the corporation decides by a resolution of the owners passed at a general meeting of the
corporation that the relevant supplies, goods or services shall be procured from that supplier on
such terms and conditions as specified in the resolution, instead of by invitation to tender; or
(b) where there is no corporation, if-
(i) the relevant supplies, goods or services are of the same type as any supplies, goods or services
which are for the time being supplied to the owners by a supplier; and
(ii) the owners decide by a resolution of the owners passed at a meeting of owners convened and
conducted in accordance with the deed of mutual covenant that the relevant supplies, goods or
services shall be procured from that supplier on such terms and conditions as specified in the
resolution, instead of by invitation to tender.
(Replaced 5 of 2007 s. 32)
6. Resignation of manager
(1) No resignation of the manager shall take effect unless he has previously given not less than 3 months' notice
in writing of his intention to resign-
(a) by sending such a notice to the owners' committee; or
(b) where there is no owners' committee, by giving such a notice to each of the owners and by displaying
such a notice in a prominent place in the building.
(2) The notice referred to in subparagraph (1)(b) may be given- (Amended 5 of 2007 s. 32)
(a) by delivering it personally to the owner; or
(b) by sending it by post to the owner at his last known address; or
(c) by leaving it at the owner's flat or depositing it in the letter box for that flat. (Amended 12 of 1998 s. 9)
(Amended 5 of 2007 s. 32)
7. Termination of manager's appointment
by owners' corporation
Cap 344 - BUILDING MANAGEMENT ORDINANCE 47
(1) Subject to subparagraph (5A), at a general meeting convened for the purpose, a corporation may, by a
resolution-
(a) passed by a majority of the votes of the owners voting either personally or by proxy; and
(b) supported by the owners of not less than 50% of the shares in aggregate,
terminate by notice the DMC manager's appointment without compensation. (Replaced 5 of 2007 s. 32)
(2) A resolution under subparagraph (1) shall have effect only if-
(a) the notice of termination of appointment is in writing;
(b) provision is made in the resolution for a period of not less than 3 months notice or, in lieu of notice,
provision is made for an agreement to be made with the DMC manager for the payment to him of a
sum equal to the amount of remuneration which would have accrued to him during that period;
(Replaced 69 of 2000 s. 25)
(c) the notice is accompanied by a copy of the resolution terminating the DMC manager's appointment;
and
(d) the notice and the copy of the resolution is given to the DMC manager within 14 days after the date of
the meeting.
(3) The notice and the copy of the resolution referred to in subparagraph (2)(d) may be given- (Amended 5 of
2007 s. 32)
(a) by delivering them personally to the DMC manager; or
(b) by sending them by post to the DMC manager at his last known address.
(c) (Repealed 5 of 2007 s. 32)
(4)-(5) (Repealed 5 of 2007 s. 32)
(5A) For the purposes of subparagraph (1)-
(a) only the owners of shares who pay or who are liable to pay the management expenses relating to those
shares shall be entitled to vote;
(b) the reference in subparagraph (1)(b) to "the owners of not less than 50% of the shares in aggregate"
shall be construed as a reference to the owners of not less than 50% of the shares in aggregate who are
entitled to vote. (Added 69 of 2000 s. 25. Amended 5 of 2007 s. 69)
(5B) If a contract for the appointment of a manager other than a DMC manager contains no provision for the
termination of the manager's appointment, subparagraphs (1), (2), (3) and (5A) apply to the termination of the
manager's appointment as they apply to the termination of a DMC manager's appointment. (Added 5 of 2007 s. 32)
(5C) Subparagraph (5B) operates without prejudice to any other power there may be in a contract for the
appointment of a manager other than a DMC manager to terminate the appointment of the manager. (Added 5 of 2007
s. 32)
(6) If a notice to terminate a manager's appointment is given under this paragraph-
(a) no appointment of a new manager shall take effect unless the appointment is approved by a resolution
of the owners' committee (if any); and
(b) if no such appointment is approved under sub-subparagraph (a) by the time the notice expires, the
corporation may appoint another manager and, if it does so, the corporation shall have exclusive power
to appoint any subsequent manager.
(7) If any person has given an undertaking in writing to, or has entered into an agreement with, the Government
to manage or be responsible for the management of the building, and the corporation has appointed a manager under
subparagraph (6)(b), the corporation shall be deemed to have given to that person an instrument of indemnity under
which the corporation shall be liable to indemnify that person in respect of any act or omission be the manager
appointed under that subparagraph that may otherwise render that person liable for a breach of that undertaking or
agreement.
(8) This paragraph is subject to any notice relating to the building that may be published by the Authority under
section 34E(4) but does not apply to any single manager referred to in that section.
(Amended 5 of 2007 s. 32)
8. Obligations after manager's appointment ends
(1) Subject to subparagraph (2), if the manager's appointment ends for any reason, he shall, as soon as
practicable after his appointment ends, and in any event within 14 days of the date his appointment ends, deliver to the
owners' committee (if any) or the manager appointed in his place any movable property in respect of the control,
management and administration of the building that is under his control or in his custody or possession, and that
Cap 344 - BUILDING MANAGEMENT ORDINANCE 48
belongs to the corporation (if any) or the owners. (Added 5 of 2007 s. 32)
(2) If the manager's appointment ends for any reason, he shall within 2 months of the date his appointment
ends- (Amended 5 of 2007 s. 32)
(a) prepare-
(i) an income and expenditure account for the period beginning with the commencement of the
financial year in which his appointment ends and ending on the date his appointment ended; and
(ii) a balance sheet as at the date his appointment ended,
and shall arrange for that account and balance sheet to be audited by an accountant or by some other
independent auditor specified in a resolution of the owners' committee (if any) or, in the absence of
any such specification, by such accountant or other independent auditor as may be chosen by the
manager; and
(b) deliver to the owners’ committee (if any) or the manager appointed in his place any books or records
of accounts, papers, documents and other records which are required for the purposes of sub-
subparagraph (a) and have not been delivered under subparagraph (1). (Replaced 5 of 2007 s. 32)
9. Communication among owners
The manager shall consult (either generally or in any particular case) the corporation at a general meeting of the
corporation and adopt the approach decided by the corporation on the channels of communication among owners on
any business relating to the management of the building.
(Added 5 of 2007 s. 32)
(Added 27 of 1993 s. 41)
Schedule: 8 TERMS ADDED IF CONSISTENT WITH DEED OF
MUTUAL COVENANT
L.N. 92 of 2007 01/08/2007
[sections 34D, 34F & 42
& Schedule 11]
(Amended 5 of 2007 s. 33)
Meetings of owners' committee
1. A meeting of the owners' committee may be convened at any time by the chairman or any 2 members of the
owners' committee.
2. The person or persons convening the meeting of the owners' committee shall, at least 7 days before the date of
the meeting, give notice of the meeting to each member of the owners' committee.
(Replaced 5 of 2007 s. 33)
2A. The notice of meeting referred to in paragraph 2 shall specify-
(a) the date, time and place of the meeting; and
(b) the resolutions (if any) that are to be proposed at the meeting.
(Added 5 of 2007 s. 33)
3. The notice of meeting referred to in paragraph 2 may be given- (Amended 5 of 2007 s. 33)
(a) by delivering it personally to the member of the owners' committee; or
(b) by sending it by post to the member of the owners' committee at his last known address; or
(c) by leaving it at the member's flat or depositing it in the letter box for that flat. (Amended 12 of 1998 s.
10)
(Amended 5 of 2007 s. 33)
4. The quorum at a meeting of the owners' committee shall be 50% of the members of the owners' committee
(rounded up to the nearest whole number) or 3 such members, whichever is the greater.
5. A meeting of the owners' committee shall be presided over by-
Cap 344 - BUILDING MANAGEMENT ORDINANCE 49
(a) the chairman; or
(b) in the absence of the chairman, a member of the owners' committee appointed as chairman for that
meeting.
6. At a meeting of the owners' committee, each member present shall have 1 vote on a question before the
committee and if there is an equality of votes the chairman shall have, in addition to a deliberative vote, a casting vote.
7. The procedure at meetings of the owners' committee shall be as is determined by the owners' committee.
Meetings of owners
8. A meeting of owners may be convened by-
(a) the owners’ committee;
(b) the manager; or
(c) an owner appointed to convene such a meeting by the owners of not less than 5% of the shares in
aggregate.
(Replaced 5 of 2007 s. 33)
9. The person convening the meeting of owners shall, at least 14 days before the date of the meeting, give notice of
the meeting to each owner.
(Replaced 5 of 2007 s. 33)
9A. The notice of meeting referred to in paragraph 9 shall specify-
(a) the date, time and place of the meeting; and
(b) the resolutions (if any) that are to be proposed at the meeting.
(Added 5 of 2007 s. 33)
10. The notice of meeting referred to in paragraph 9 may be given- (Amended 5 of 2007 s. 33)
(a) by delivering it personally to the owner;
(b) by sending it by post to the owner at his last known address; or
(c) by leaving it at the owner's flat or depositing it in the letter box for that flat. (Amended 12 of 1998 s.
10)
(Amended 5 of 2007 s. 33)
11. The quorum at a meeting of owners shall be 10% of the owners.
11A. For the purposes of paragraph 11, the reference in that paragraph to "10% of the owners" shall-
(a) be construed as a reference to 10% of the number of persons who are owners without regard to their
ownership of any particular percentage of the total number of shares into which the building is divided;
and
(b) not be construed as the owners of 10% of the shares in aggregate. (Amended 5 of 2007 s. 70)
(Added 69 of 2000 s. 26)
12. A meeting of owners shall be presided over by the chairman of the owners' committee or, if the meeting is
convened under paragraph 8(b) or (c), the person convening the meeting.
(Replaced 5 of 2007 s. 33)
13. At a meeting of owners-
(a) an owner shall have one vote in respect of each share he owns; (Replaced 5 of 2007 s. 33)
(b) an owner may cast a vote personally or by proxy; (Replaced 5 of 2007 s. 33)
(c) where 2 or more persons are the co-owners of a share, the vote in respect of the share may be cast—
(i) by a proxy jointly appointed by the co-owners;
(ii) by a person appointed by the co-owners from amongst themselves; or
(iii) if no appointment is made under sub-subparagraph (i) or (ii), either by one of the co-owners
Cap 344 - BUILDING MANAGEMENT ORDINANCE 50
personally or by a proxy appointed by one of the co-owners; (Replaced 5 of 2007 s. 33)
(ca) where 2 or more persons are the co-owners of a share and more than one of the co-owners seeks to cast
a vote in respect of the share, only the vote that is cast, whether personally or by proxy, by the co-
owner whose name, in order of priority, stands highest in relation to that share in the register kept at
the Land Registry shall be treated as valid; and (Added 5 of 2007 s. 33)
(d) if there is an equality of votes the person presiding over the meeting shall have, in addition to a
deliberative vote, a casting vote.
14. (1) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A, and-
(a) shall be signed by the owner; or
(b) if the owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be
impressed with the seal or chop of the body corporate and signed by a person authorized by the body
corporate in that behalf.
(2) The instrument appointing a proxy shall be lodged with the chairman of the owners' committee or, if the
meeting is convened under paragraph 8(b) or (c), the person convening the meeting at least 48 hours before the time
for the holding of the meeting.
(3) A proxy appointed by an owner to attend and vote on behalf of the owner shall, for the purposes of the
meeting, be treated as being the owner present at the meeting.
(Replaced 5 of 2007 s. 33)
15. The procedure at a meeting of owners shall be as is determined by the owners.
(Added 27 of 1993 s. 41)
Schedule: 9 EXEMPT ESTATES L.N. 92 of 2007 01/08/2007
[sections 2, 34E & 42]
(Amended 5 of 2007 s. 34)
EXEMPT ESTATES
(Added 27 of 1993 s. 41)
Schedule: 10 HEARING AND DETERMINATION OF SPECIFIED
PROCEEDINGS BY TRIBUNAL
L.N. 92 of 2007 01/08/2007
[sections 42 & 45]
(Amended 5 of 2007 s. 35)
1. Proceedings relating to the interpretation and enforcement of the provisions of this Ordinance.
2. Proceedings relating to the interpretation and enforcement of the terms and provisions of a deed of mutual
covenant, including such terms or provisions impliedly incorporated into a deed of mutual covenant under Part
VIA.
3. Proceedings relating to the use, occupation, enjoyment, possession or ownership of the common parts or any
other part of a building in which the owners have a common interest.
4. Proceedings relating to the calculation or apportionment of-
(a) any sums payable or purported to be payable under a deed of mutual covenant (if any);
(b) the funds and contributions referred to in sections 20 and 21;
(c) any management expenses or charges (howsoever named);
(d) any other outgoings, payments, debts or liabilities due or liable under this Ordinance or in accordance
with the terms and provisions of an instrument which is registered in the Land Registry including a
deed of mutual covenant (if any).
5. Proceedings relating to any question of law concerning the powers and duties of-
Cap 344 - BUILDING MANAGEMENT ORDINANCE 51
(a) a corporation;
(b) a management committee, and of the chairman, secretary and treasurer thereof;
(c) a manager within the meaning of section 34D(1);
(d) an owners' committee within the meaning of that section;
(e) the tenants' representative,
including such powers and duties (if any) of a financial, pecuniary or fiduciary nature.
6. Proceedings relating to any question of law concerning ownership, occupation or possession of the whole or any
part of the building, including ownership or an undivided share in a building or in land on which there is a
building.
7. Without prejudice to paragraph 6 and subject to section 45(3), proceedings relating to any question of law
concerning the extent and applicability or otherwise of any contractual or proprietory right enjoyed by owners
and occupiers or otherwise referred to in the terms and provisions of an instrument which is registered in the
Land Registry including a deed of mutual covenant (if any).
8. Proceedings relating to any question of law concerning any breach or alleged breach of any covenant, term or
condition specified in an instrument which is registered in the Land Registry including a deed of mutual
covenant (if any).
9. Proceedings relating to the enforcement of any contractual or proprietory right referred to in paragraph 7 or any
covenant, term or condition referred to in paragraph 8, as the case may be, whether by way of specific
performance, injunction, declaration, damages or otherwise.
(Added 27 of 1993 s. 41)
Schedule: 11 ENUMERATION OF OWNERS L.N. 92 of 2007 01/08/2007
[sections 5B & 42]
(Amended 5 of 2007 s. 36)
For the purposes of section 5B-
(a) sections 3(8), 3A(3F), 4(10) and 40C(9) and paragraphs 1(2) and 5 of Schedule 3, paragraph 1A of
Schedule 6 and paragraph 11 of Schedule 8 are specified; (Replaced 5 of 2007 s. 36)
(b) the enumeration of the percentage of owners mentioned in the provisions specified in paragraph (a)
shall be computed as follows-
Form of ownership
Illustration To be counted as
1. Multiple ownership of 1 flat 1 flat with 3 co-owners 1 owner
2. 1 owner owning more than 1 flat
1 owner owning 35 flats 1 owner
3. 1 person or more than 1 holding
proxies from more than 1 owner
(a) 1 person holding proxies from 100
owners
(b) 35 persons holding proxies from
100 owners in aggregate
Voting rights equal to the number
of valid proxies held. In the cases
as illustrated, 100 owners.
(Schedule 11 added 69 of 2000 s. 27)
