On the Property Management Services Ordinance of Hong Kong : concerns and implications

Philip WONG*, Joseph LAI

*Corresponding author for this work

Research output: Journal PublicationsJournal Article (refereed)peer-review

3 Citations (Scopus)

Abstract

Purpose: This paper aims to examine the concerns and implications of the recently enacted Property Management Services Ordinance (Cap. 626) (PMSO) of Hong Kong. Design/methodology/approach: A review was undertaken to identify the characteristics of the property management-related legislation of common law jurisdictions similar to Hong Kong, which include Australia, Canada and the United Kingdom. Then, the development of the property management-related ordinances in Hong Kong and the key features of the PMSO were examined. Finally, a case study was conducted to demonstrate the potential problems of the PMSO. Findings: There are various kinds of legislative controls on property management services in the above common law jurisdictions. The PMSO, which is the first to regulate property management services providers through a licencing system and introduce control on training and professional development, imposes limits on freedom of contract and self-regulation of professionals. Potential problems with the implementation of the PMSO are also revealed. Research limitations/implications: This research analyses four common law jurisdictions. Property management services contracts in these jurisdictions are subject to governance by their case laws and market operations. Practical implications: By virtue of the new licencing system of the PMSO, property management services contracts in Hong Kong become a new kind of specific contracts. Originality/value: This paper illustrates the relationship between freedom of contract and public benefit. It contributes knowledge to the area of government policy formulation in property management.

Original languageEnglish
Pages (from-to)600-617
Number of pages18
JournalProperty Management
Volume39
Issue number5
Early online date8 Jun 2021
DOIs
Publication statusPublished - 4 Oct 2021
Externally publishedYes

Bibliographical note

Publisher Copyright:
© 2021, Emerald Publishing Limited.

Keywords

  • Buildings
  • Contract
  • Government policy
  • Laws
  • Property management

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