XN000022-1992-08-22 — Page 2

SATURDAY, AUGUST 22, 1992

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LAW CHANGES TO IMPROVE BUILDING MANAGEMENT

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THE MULTI-STOREY BUILDINGS (OWNERS INCORPORATION} (AMENDMENT) BILL 1992, AFTER ENACTMENT, WILL PROVIDE A PRACTICAL LEGAL FRAMEWORK FOR BUILDING MANAGEMENT AS WELL AS A BASIS ON WHICH PROBLEMS RELATING TO BUILDING MANAGEMENT CAN BE RESOLVED.

THIS WAS STATED

BY THE REGIONAL

SECRETARY (HONG KONG AND KOWLOON), MR PAUL WONG, AT A SEMINAR ON BUILDING MANAGEMENT TODAY (SATURDAY).

HE SAID THE BILL WAS INTRODUCED ΤΟ THE LEGISLATIVE COUNCIL LAST MONTH TO SEEK IMPROVEMENTS TO THE EXISTING ORDINANCE AND TO CHANGE ITS SHORT TITLE TO "BUILDING MANAGEMENT ORDINANCE" TO REFLECT MORE APPROPRIATELY ITS PURPOSE.

OUTLINING THE MAIN POINTS OF THE BILL, MR WONG SAID SECTION OF THE EXISTING ORDINANCE WOULD BE REPEALED.

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'FLAT OWNERS WHO WERE PRECLUDED FROM FORMING OWNERS' CORPORATIONS UNDER THE EXISTING ORDINANCE WILL BE ABLE TO DO SO IN FUTURE, FREE FROM THE RESTRICTION OF THE DEEDS OF MUTUAL COVENANT (DMCs) OF THE BUILDING,

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HE SAID.

"FURTHERMORE, THE BILL PROPOSES THAT TENANTS REPRESENTATIVES MAY SERVE AS MEMBERS OF THE MANAGEMENT COMMITTEE WITH THE RIGHT ΤΟ SPEAK AND VOTE AT MEETINGS. SUCH A PROPOSAL AIMS AT ENCOURAGING TENANTS' ACTIVE PARTICIPATION IN AND SUPERVISION OF BUILDING MANAGEMENT WORK,

"ANOTHER PROPOSAL CONTAINED IN THE BILL SERVES то EMPOWER OWNERS' CORPORATIONS TO DISMISS THEIR MANAGERS AND PROVIDES THAT POWER SHALL EXTEND TO ALL DMCs SO AS то AVOID ANY CONFLICTS CONCERNING MANAGEMENT POWER, MR WONG SAID.

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HE POINTED OUT THAT IN SOME SPECIAL CASES, IT WAS NECESSARY FOR DEVELOPERS TO TAKE UP THE RESPONSIBILITY OF MANAGING COMPLEX DEVELOPMENTS WHICH HAVE WIDE-RANGING FACILITIES.

THE BILL THEREFORE PROPOSES THAT THE SECRETARY FOR HOME AFFAIRS BE GIVEN THE DISCRETION TO ALLOW THE DEVELOPERS CONCERNED TO CONTINUE WITH THE MANAGEMENT OF SUCH BUILDINGS FOR A SPECIFIED PERIOD OF TIME AND SUBJECT TO ANY CONDITIONS WHICH HE MAY SPECIFY, HE SAID.

AS REGARDS THE SUGGESTION THAT A BUILDING MANAGEMENT TRIBUNAL SHOULD BE SET UP TO ARBITRATE DISPUTES OVER BUILDING MANAGEMENT MATTERS, MR WONG SAID AS THE ISSUES INVOLVED WERE FAR FROM BEING SIMPLE, THOROUGH STUDIES WERE REQUIRED BEFORE ANY DECISION COULD BE MADE.

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THE PARTICIPATION

NOTING THAT THE BILL WAS BEING CONSIDERED BY THE LEGISLATIVE COUNCIL, HE STRESSED THAT WHETHER IT COULD ACHIEVE THE DESIRED RESULTS WOULD DEPEND ON

SINCERE CO-OPERATION, MUTUAL UNDERSTANDING AND FULL

OF RESIDENTS, OWNERS AND MANAGEMENT PERSONNEL.

/TODAY'S SEMINAR