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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) Cap 344 s 1 Short title PART I SHORT TITLE AND INTERPRETATION This Ordinance may be cited as the Building Management Ordinance. (Amended 27 of 1993 s. 3) Cap 344 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "accountant" (会计师) 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" (主管当局) means the Secretary for Home Affairs; (Added 27 of 1993 s. 4) "authorized officer" (获受权人员) means any public officer authorized in writing by the Authority in that behalf; (Added 27 of 1993 s. 4) "building" (建筑物) 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 Part II 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)"Code of Practice" (工作守则) 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 the First Schedule;"corporation" (法团) 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" (获辖免屋邨) means- (a) any estate specified in the Ninth Schedule; (b) any estate added to that Schedule under section 34E(6); (Added 27 of 1993 s. 4)"flat" (单位) 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 Registry" (土地注册处) means the Land Registry established under the Land Registration Ordinance (Cap 128) and a District Land Registry established under the New Territories Ordinance (Cap 97); "Land Registrar" (土地注册处处长) includes, in relation to buildings on land registered in a District Land Registry, the Authority, save that only the Land Registrar may specify forms; (Amended 8 of 1993 s. 3; 27 of 1993 s. 4) "management committee" (管理委员会) means a management committee appointed under section 3, 3A or 4; (Amended 27 of 1993 s. 4) "occupier" (占用人) 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" (业主) 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;"registered mortgagee" (已登记承按人) 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;"register" (登记册) means the register of corporations maintained under section 12; "share" (份数) 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" (审裁处) means the Lands Tribunal established under section 3 of the Lands Tribunal Ordinance (Cap 17). (Added 27 of 1993 s. 4) (Amended 8 of 1993 s. 2; 27 of 1993 s. 4) Cap 344 s 2A (Repealed 27 of 1993 s. 5) Cap 344 s 3 Appointment of management committee PART II MANAGEMENT COMMITTEE (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) the owners of not less than 5% of the shares.(2) At a meeting convened under subsection (1) a management committee may be appointed- (a) in accordance with the deed of mutual covenant, if the deed provides for the appointment of a management committee; or (b) if there is no deed of mutual covenant, or the deed contains no provision for the appointment of a management committee, by a resolution of the owners of not less than 30% of the shares. (Amended 69 of 2000 s. 3) (Amended 27 of 1993 s. 42) Cap 344 s 3A Appointment of management committee after application to the Authority (1) The Authority may, upon application by the owners of not less than 20% of the shares, order that a meeting of owners shall be convened, by such owner ("convenor" (召集人) ) as the Authority may direct, to appoint a management committee. (Amended 69 of 2000 s. 4) (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), the meeting of owners convened under this section may, by a resolution passed by a majority of the votes of the owners voting either personally or by proxy, appoint a management committee. (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 served upon the Authority not less than 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 owners of not less than 20% of the shares; 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 owners of not less than 20% of the shares, (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 served with a notice under section 5(1)(ba). (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) Cap 344 s 4 Appointment of management committee after application to tribunal (1) The tribunal may, upon application by- (a) the owners of not less than 10% of the shares; or (Amended 69 of 2000 s. 5) (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) The meeting of owners convened under this section 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) Cap 344 s 5 Notice of and voting at meetings (1) Notice of a meeting convened under section 3, 3A, 4 or 40C shall be served upon each owner, and any person referred to in section 3(1)(a) or (b) in accordance with subsection (2) not less than 14 days before the date of the meeting- (Amended 69 of 2000 s. 6) (a) in the case of a meeting convened by a person referred to in section 3(1)(a) or (b), by the convenor; (b) in the case of a meeting convene by the owners referred to in section 3(1)(c), by an owner nominated by the convenors; (ba) in the case of a meeting convened in accordance with an order made under section 3A(1), by the owner directed by the Authority to convene the meeting; (Added 27 of 1993 s. 8) (c) in the case of a meeting convened in accordance with an order made under section 4(1), by the owner directed by the tribunal to convene the meeting. (Amended L.N. 63 of 1992; 12 of 1998 s. 3)(2) Service of a notice required to be served under subsection (1) may be effected- (a) personally upon the owner, and any person referred to in section 3(1)(a) or (b); or (b) by post addressed to the owner, and any person referred to in section 3(1)(a) or (b) at his last known address; or (Replaced 27 of 1993 s. 8) (c) in the case of an owner, by leaving the notice at the owner's flat or depositing the notice in his letter box. (Replaced 27 of 1993 s. 8. Amended 12 of 1998 s. 3)(3) A notice required to be served under subsection (1) shall- (a) be displayed in a prominent place in the building; and (b) be published in a newspaper, from amongst a list of newspapers specified by the Authority from time to time for that purpose, (Amended 69 of 2000 s. 6)and the display and publication of that notice shall be effected by the person referred to in paragraph (a), (b), (ba) or (c) of that subsection, as the case may be. (Replaced 27 of 1993 s. 8) (4) A notice under subsection (1) shall specify- (a) the date, time and place of such meeting; and (b) the resolutions which are to be proposed and, in particular, the resolution for the appointment of a management committee.(5) At a meeting convened under section 3, 3A, 4 or 40C- (Amended 69 of 2000 s. 6) (a) each owner shall, save where the deed of mutual covenant otherwise provides, have one vote in respect of each share which he owns; (b) a vote may be cast either personally or by a proxy appointed in accordance with paragraph 4(2) of the Third Schedule; and (c) if a share is jointly owned by 2 or more persons, the vote in respect of that share may be cast- (i) by a proxy jointly appointed by the co-owners; or (ii) by one co-owner appointed by the others; or (iii) if no appointment has been made under subparagraph (i) or (ii), then either personally or by proxy by one of the co-owners; and, in the case of any meeting where more than one of the co-owners seeks to cast a vote in respect of the share, only the vote that is cast, in person 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. (Replaced 69 of 2000 s. 6)(6) For the purposes of subsection (5), the appointment of a proxy shall have no effect unless the instrument appointing the proxy is lodged with the person or one of the persons, as the case may be, who convened the meeting not less than 24 hours before the time for the holding of the meeting at which the proxy proposes to vote, or within such lesser time as the person presiding at the meeting shall allow. (Amended 27 of 1993 ss. 8 & 42) Cap 344 s 5A Application of section 5 to meetings held under section 40C For the purposes of the application of section 5 (notice of and voting at meetings) to meetings held under section 40C- (a) the references in section 5 to an "owner" shall be construed as references to a person who is an owner of any particular percentage of the total number of shares into which the building is divided; (b) section 5(5)(a) shall apply to a meeting to be held under section 40C, as if the words "shall have one vote" were substituted for "shall, save where the deed of mutual covenant otherwise provides, have one vote in respect of each share which he owns"; (c) section 5(5)(c) shall apply as if it were deleted and the following substituted- "(c) in the case of joint ownership, the vote may be cast- (i) by a proxy jointly appointed by the co-owners; (ii) by one co-owner appointed by the others; or (iii) if no appointment has been made under subparagraph (i) or (ii), then either personally or by proxy by one of the co-owners; and, in the case of any meeting where more than one of the co-owners seeks to cast a vote, only the vote that is cast, in person 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 69 of 2000 s. 7) Cap 344 s 5B Enumeration of owners 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) Cap 344 s 6 Composition and procedure of management committee The Second Schedule shall have effect with respect to the composition and procedure of a management committee. (Amended 27 of 1993 s. 42) Cap 344 s 7 Application by management committee for registration of owners as a corporation PART III INCORPORATION (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 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; and (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 5, 5A or 5B have been complied with. (Amended 8 of 1993 s. 3) (Amended 27 of 1993 ss. 9 & 42; 69 of 2000 s. 8) Cap 344 s 8 Incorporation (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) (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) The Third Schedule shall have effect with respect to the meetings and procedure of a corporation. Cap 344 s 9 Undesirable names 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.] Cap 344 s 10 Change of name (1) At a general meeting of a corporation convened and conducted in accordance with the Third Schedule for the purpose, the corporation may- (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 a majority of not less than 75%,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) (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.] Cap 344 s 11 Display of copy certificate of registration, etc. (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 "业主立案法团". (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) Cap 344 s 12 Land Registrar to maintain register of corporations (1) The Land Registrar shall maintain a register of corporations. (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 the chairman, vice-chairman (if any), secretary and treasurer of the management committee; (Amended 27 of 1993 s. 13) (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) Cap 344 s 13 Conclusiveness of certificate of registration 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) Cap 344 s 14 Powers of corporation generally PART IV PROVISIONS RELATING TO CORPORATIONS (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 the Second Schedule 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. Cap 344 s 15 Tenants' representative (1) The members of an approved association may, by resolution of not less than 50% of the votes of the members voting either personally or by proxy, appoint or remove from office an occupier as the tenants' representative. (2) In this section "approved association" (认可组织) 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 s 16 Rights etc. of owners to be exercised etc. by corporation 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) Cap 344 s 17 Enforcement of judgments etc. against a corporation (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) Cap 344 s 18 Duties and powers of corporation (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 subsection (3), and 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, treasurer and other holders of office of the management committee appointed in accordance with the Second Schedule such allowances as may be approved by the corporation by resolution passed at a general meeting, in accordance with, but not exceeding, the maximum allowances specified in the Fourth Schedule; (Added 27 of 1993 s. 17) (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) insure and keep insured the building or any part thereof to the reinstatement value thereof against fire and other risks; (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)(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) A person 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 person who is otherwise entitled to receive an allowance under this section 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) Cap 344 s 19 Corporation may sell or register charges against flat in certain circumstances (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) Cap 344 s 20 Establishment of funds Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (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 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) (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 maintained under subsection (3). (Added 27 of 1993 s. 19) (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 s 20A Supplies, goods and services (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) Any supplies, goods or services referred to in subsection (1) the value of which exceeds or is likely to exceed- (a) the sum of $100000 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 may be approved by the corporation by a resolution passed at a general meeting,whichever is the lesser, shall be procured by invitation to tender. (3) The procurement by invitation to tender of any supplies, goods or services under subsection (2) and the tender procedure in respect thereof shall comply with such standards and guidelines as may be specified in a Code of Practice relating to such procurement and tender procedures. (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. (Added 27 of 1993 s. 20) Cap 344 s 21 Contributions to funds (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" (其后的款额) ) 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) The Fifth Schedule 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) (5) In the event of any inconsistency between this section (which shall be construed to include the Fifth Schedule) and the terms of a deed of mutual covenant or any other agreement, this section shall prevail. (Added 27 of 1993 s. 21) Cap 344 s 22 Recovery of contributions from owners (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 s 23 Liability of occupier to pay contributions to funds (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. Cap 344 s 24 Distress for contributions (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" (占用人) a flat, without specifying in the application or in the warrant the name of any person in occupation of the flat. Cap 344 s 25 Registered mortgagee may pay contribution and recover same from the owner 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. Cap 344 s 26 Management committee to certify matters relating to payment of contributions 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. Cap 344 s 27 Accounts of corporation (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, an income and expenditure account and a balance sheet which shall both be signed by the chairman and the secretary or the treasurer of the management committee and laid before the corporation at the annual general meeting of the corporation convened in accordance with paragraph 1(1) of the Third Schedule. (Replaced 27 of 1993 s. 23) (1A) Except in the case of a corporation incorporated in respect of a building which contains not more than 50 flats, the income and expenditure account and balance sheet 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 account and balance sheet present fairly the financial transactions of the corporation during the period to which the income and expenditure account and balance sheet relate; and the financial position of the corporation at the end of that period, subject to such qualification, if any, as he may think fit. (Replaced 69 of 2000 s. 11) (1B) In subsection (1A), "flats" (单位) 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) The Sixth Schedule 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 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) (5) In the event of any inconsistency between this section (which shall be construed to include the Sixth Schedule) and the terms of a deed of mutual covenant or any other agreement, this section shall prevail. (Added 27 of 1993 s. 23) Cap 344 s 28 Insurance policy to be made available by management committee for inspection (1) If a corporation has effected any policy of insurance in respect of the building or the common parts the management committee shall permit the Authority, an authorized officer, the tenants' representative, an owner, a registered mortgagee or any person duly authorized in writing in that behalf by an owner or registered mortgagee, to inspect the policy of insurance and the receipt for the last premium in respect thereof at any reasonable time. (Amended 27 of 1993 s. 24) (2) If any person (other than the Authority or an authorized officer) referred to in subsection (1) requests the corporation to supply him with copies of the policy of insurance and the receipt for the last premium in respect of that policy the treasurer shall, on the payment of such reasonable copying charge as the management committee may determine, supply such copies to that person. (Added 27 of 1993 s. 24) (3) The treasurer shall, if requested by the Authority or an authorized officer and without raising any charge, supply the copies referred to in subsection (2) to the Authority or that officer. (Added 27 of 1993 s. 24) Cap 344 s 29 Management committee to perform duties and exercise powers of corporation 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. Cap 344 s 30 Dissolution of management committee and appointment of administrator PART V DISSOLUTION OF MANAGEMENT COMMITTEE AND APPOINTMENT OF ADMINISTRATOR (1) Subject to this section, the owners present at a meeting of the corporation convened under paragraph 1 of the Third Schedule may appoint an administrator and thereafter resolve that the management committee be dissolved. (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 the Third Schedule appoint- (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) Cap 344 s 31 Appointment of administrator by the court (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) Cap 344 s 32 Powers and duties of an administrator (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 determination 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) (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) Cap 344 s 33 Winding up of corporations PART VI WINDING UP OF CORPORATIONS (1) A corporation may be wound up under the provisions of Part X of the Companies 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. (2) In applying the provisions of the Companies Ordinance (Cap 32) under subsection (1)- (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. Cap 344 s 34 Liability of owners on winding up 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) Cap 344 s 34A Winding-up petitions and orders to be noted in register and records (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 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. (Added 27 of 1993 s. 28) Cap 344 s 34B Interpretation In this Part- "commencement of the winding up" (清盘开始) means the time of the presentation of the petition to the tribunal for the winding up of the corporation; "relevant owner" (有关业主) 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" (有关期间) ), 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 s 34C Application PART VIA DEEDS OF MUTUAL COVENANT (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) Cap 344 s 34D Interpretation (1) In this Part and the Seventh and Eighth Schedules, unless the context otherwise require- "manager" (经理人) in respect of a building, means the person who for the time being is, for the purposes of the deed of mutual covenant in respect of the building, managing that building; "material date" (关键日期) means the commencement of section 29 of the Multi-storey Building (Owners Incorporation) (Amendment) Ordinance 1993 (27 of 1993); "owners' committee" (业主委员会) in respect of a building, means- (a) where a management committee has been appointed under section 3, 3A, 4 or 40C, the management committee; or (Amended 69 of 2000 s. 13) (b) where no such management committee has been appointed, the committee of owners (howsoever named) formed under and in accordance with the deed of mutual covenant in respect of the building.(2) In this Part and the Seventh Schedule, 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. (3) In this Part, a reference to a resolution of the owners is- (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 the Third Schedule; or (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) In the Seventh Schedule, a reference to a resolution of the owners is a reference to a resolution passed at a general meeting of the corporation convened and conducted in accordance with the Third Schedule. (Added 27 of 1993 s. 29) Cap 344 s 34E Mandatory terms in deeds of mutual covenant (1) Subject to subsection (4), the provisions in the Seventh Schedule shall be impliedly incorporated- (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" (单一经理人) ) 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,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 the Seventh Schedule 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 the Seventh Schedule under subsection (4)(a) if the Authority receives (in aggregate) a number of notices of objection from owners of not less than 50% of the shares 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, the Ninth Schedule. (7) No estate may be so specified under subsection (6) if- (a) the Authority receives (in aggregate) a number of notices of objection from owners of not less than 50% of the shares 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, the Ninth Schedule; (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 the Ninth Schedule, 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) Cap 344 s 34F Terms added if consistent with deed of mutual covenant (1) The provisions in the Eighth Schedule shall, to the extent that they are consistent with the deed of mutual covenant, be impliedly incorporated- (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 the Eighth Schedule 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. (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) Cap 344 s 34G Management expenses of unsold property (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) Cap 344 s 34H Duty to maintain property (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 under the deed of mutual covenant. (Added 27 of 1993 s. 29) Cap 344 s 34I Common parts (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) Cap 344 s 34J Right to establish corporation and conduct business (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 Part II; or (b) the termination of a manager's appointment in accordance with the Seventh Schedule. (Added 27 of 1993 s. 29) Cap 344 s 34K Management committee to replace owners' committee 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 the Second Schedule, even if that Schedule is inconsistent with the deed of mutual covenant. (Added 27 of 1993 s. 29) Cap 344 s 34L Indemnity of manager in respect of legal costs, etc. 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 s 35 Penalty for improper use of "Incorporated Owners" PART VII MISCELLANEOUS 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) Cap 344 s 36 False statement or information 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) Cap 344 s 37 Saving for resolutions passed at meetings 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. Cap 344 s 38 Secretary to maintain register (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