Hong Kong Bar Association Supports Proxy Cap, Opposes Restricting Appointments to Relatives
Bastillepost · 2 SOURCESabout 2 hours ago3 MIN
Summary
The Hong Kong Bar Association has endorsed the government's direction for reforming the Buildings Management Ordinance, backing proposals to limit the number of proxy forms held by individuals while raising concerns about overly restrictive appointment limitations. In a submission to authorities, the association argued that restricting proxy holders to relatives or other owners within the same estate would excessively undermine property owners' autonomy and freedom. The reforms follow a fire at Tai Po Wang Fuk Court in Tai Po earlier this year, which prompted the government to accelerate amendments aimed at reducing risks of bid-rigging in building management.
Key Points
- The Bar Association supports setting a maximum limit on proxy forms held by individual persons, aligning with government proposals to tighten voting rules for major repairs and large procurements
- The association opposes restricting proxy appointments solely to relatives or other estate owners, arguing such limits would excessively curtail owners' freedom to appoint capable representatives
- The Bar Association recommends strengthening verification procedures as an alternative measure to address risks of false or forged proxy forms
- The association supports requiring proxy forms to be returned 96 hours before owners' meetings and disclosed 48 hours prior to the meeting
- For routine contracts covering elevator maintenance, cleaning, and security services, the association suggests applying in-person voting thresholds only to contracts involving significant safety considerations or potential conflicts of interest
- The Bar Association proposes establishing a safeguard mechanism allowing owners to apply to the Lands Tribunal for instructions when compliance with safety or statutory orders is required but the Owners' Corporation cannot reach a decision due to statutory thresholds
- The association recommends studying the establishment of a central electronic voting platform to enhance transparency in building management
- Regarding the planned Appeal Committee for Building Management, the Bar Association seeks clarification on jurisdictional boundaries between the committee and the Lands Tribunal
Why It Matters
These recommendations balance the government's goal of curbing bid-rigging and protecting property owners from fraudulent proxy practices against the need to preserve owners' rights to choose their own representatives. The Bar Association's position sets the stage for legislative debates that will shape how Hong Kong's thousands of residential buildings are governed, with implications for both building management efficiency and owner autonomy. The government's planned establishment of an Appeal Committee and expanded interest declaration requirements could significantly restructure accountability mechanisms in private housing estates.
These recommendations balance the government's goal of curbing bid-rigging and protecting property owners from fraudulent proxy practices against the need to preserve owners' rights to choose their own representatives. The Bar Association's position sets the stage for legislative debates that will shape how Hong Kong's thousands of residential buildings are governed, with implications for both building management efficiency and owner autonomy. The government's planned establishment of an Appeal Committee and expanded interest declaration requirements could significantly restructure accountability mechanisms in private housing estates.