XN000022-1988-02-03 — Page 11

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WEDNESDAY, FEBRUARY 3, 1988

LEGAL LIABILITIES OF OC AND MAC OFFICE-BEARERS EXPLAINED

IN NORMAL CIRCUMSTANCES, OWNERS'

CORPORATION

AND MUTUAL AID INCUR NOT

ANY PERSONAL LEGAL COMMITTEE OFFICE-BEARERS SHOULD

GOOD LIABILITIES IN THE COURSE OF THEIR DUTIES 80 LONG AS THEY ACT IN FAITH AND EXERCISE REASONABLE DILIGENCE IN DISCHARGING THEIR DUTIES.

THE SECRETARY FOR DISTRICT ADMINISTRATION, THE HON DONALD LIAO, WHEN (WEDNESDAY) COUNCIL LEGISLATIVE THE THIS IN

TODAY

STATED REPLYING TO A QUESTION BY THE HON POON CHI-FAI.

INDIVIDUAL MEMBERS

MR POON REFERRED TO A RECENT CASE IN WHICH OF AN OWNERS' CORPORATION (OC) WERE INVOLVED IN LEGAL PROCEEDINGS AS A RESULT OF THEIR PARTICIPATION IN THE CORPORATION'S BUSINESS.

INDIVIDUAL

ос OR MUTUAL AID

HE ASKED WHAT WERE THE LEGAL RESPONSIBILITIES OF AN MEMBER WHEN HE PARTICIPATED IN THE BUSINESS OF AN COMMITTEE (MAC) OR THEIR RESPECTIVE SUB-COMMITTEES.

WRITTEN REPLY THAT THE MANAGEMENT MR LIAO EXPLAINED IN HIS

THE COMMITTEE HAD COMMITTEE OF AN OC ACTED AS ITS EXECUTIVE ARM AND TO ABIDE BY RESOLUTIONS OF THE CORPORATION PASSED AT GENERAL MEETINGS.

COMMITTEE HAVE TO MAINTAIN "THE MEMBERS OF THE MANAGEMENT

BK HELD PROPER BOOKS AND OTHER RECORDS OF THE CORPORATION, AND COULD LIABLE IF THEY FAILED TO DO SO," HE SAID.

THE

THE SO

AS

MEMBERS OF

MANAGEMENT LONG "BUT OTHERWISE

IN THE COMMITTEE ACT IN GOOD FAITH AND EXERCISË REASONABLE DILIGENCE

ON THEM CONFERRED

BY THE MULTI-STOREY OF THE POWERS EXERCISE

NOT BE HELD BUILDINGS (OWNERS INCORPORATION) ORDINANCE, THEY SHOULD PERSONALLY LIABLE FOR THE ACTS OF THE CORPORATION.”

WERE

NOTING THAT MAC'S WERE NOT BODIES CORPORATE, HE SAID THEY

THEIR OF OF

SUED INDEPENDENTLY BEING CAPABLE NOT THEREFORE

SEVERALLY LIABLE FOR ACTS OFFICE-BEARERS, WHO MIGHT BE JOINTLY AND PURPORTED TO BE MADE ON BEHALF OF THE MAC.

AS SO LONG

THEY ACTED IN GOOD MAC OFFICE-BEARERS SHOULD

BUT IN NORMAL CIRCUMSTANCES, FAITH AND EXERCISED REASONABLE DILIGENCE, NOT INCUR LEGAL LIABILITIES IN DISCHARGING THEIR DUTIES.

EXPLANATORY

PAMPHLET PRINTED IN DISTRICT OFFICES то

MR LIAO POINTED OUT THAT AN CHINESE AND ENGLISH WAS FREELY AVAILABLE AT ALL THOSE INTERESTED IN THE WORK OF OC'S AND HOW THEY WERE FORMED.

OF

MAIN

"THIS PAMPHLET SETS OUT IN LAYMAN'S TERMS THE

INCORPORATION) (OWNERS BUILDINGS MULTI-STOREY THE INCLUDING THOSE RELATING TO THE APPOINTMENT OF A MANAGEMENT AND TO ITS POWERS AND DUTIES.

PROVISIONS ORDINANCE,

COMMITTEE

BUILDING

BUILDING

OFFICES DISTRICT

ORGANISE

ASPECTS OF

INCLUDING THE

OBLIGATIONS

MANY "FROM TIME TO TIME, MANAGEMENT SEMINARS FOR OC'S AND MAC'S. VARIOUS MANAGEMENT ARE COVERED IN THESE SEMINARS,

OF OC AND MAC OFFICE-BEARERS,'

יו

HE SAID.

/WHERE THERE