Codes of Conduct
Section 4 of the Property Management Services Ordinance (PMSO) sets out the conduct and circumstances amounting to a disciplinary offence and, under section 5, the Property Management Services Authority (PMSA) may issue codes of conduct containing any practical guidance that it considers appropriate for the purposes of section 4.
Section 5 also stipulates that a licensee does not incur a civil or criminal liability only because the licensee has contravened a provision of the codes of conduct. However, in any proceedings (whether disciplinary, civil or criminal), if the PMSA, the disciplinary committee or the court is satisfied that a provision of the codes of conduct is relevant to determining a matter that is in issue in the proceedings, then the codes of conduct are admissible in evidence in the proceedings; and proof that a licensee contravened or did not contravene the provision may be relied on as tending to establish or negate that matter.
From time to time, the PMSA will issue codes of conduct and, where appropriate, best practice guides, to address concerns of the public and to raise competence and professionalism of the property management industry. The PMSA has issued or will consider issuing codes of conduct covering the following areas:
The PMSA will continue to issue other Codes of Conduct and Best Practice Guides timely, covering different PM areas in order to provide guidance to the industry, including but not limited to the following:
- Handling Outsourced Property Management Services;
- Prevention of Corruption – Staff Recruitment and Management;
- Distribution Mechanism of Promotional Materials at Property by Property Management Companies; and
- Handling Instrument of Appointing a Proxy (e.g. to comply with relevant amendments of the Building Management Ordinance).