Ombudsman announces results of full investigation into Property Management Services Authority's complaint handling mechanism (with photo)
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The Ombudsman, Mr Jack Chan, today (September 5) announced the completion of a full investigation into the Property Management Services Authority (PMSA)'s complaint handling mechanism, with 14 recommendations on improvement measures made.
A statutory body established under the Property Management Services Ordinance, the PMSA is empowered to investigate complaints against licensed property management companies and licensed property management practitioners for suspected disciplinary offences or where it is alleged that they no longer meet any prescribed criteria required for holding a licence. Upon receiving information from a complainant, the PMSA will conduct a preliminary assessment and assign the case to an investigator if an investigation is warranted. The PMSA pledges to conclude complaints within six months upon receipt of sufficient information. During this period, the PMSA will acknowledge receipt within 10 calendar days and give the complainant monthly updates in writing or by other proper means. If the investigation reveals prima facie evidence supporting the complainant's allegations against the complainee, the PMSA will consider initiating disciplinary proceedings.
Mr Chan said, "The Office received a complaint in which the complainant alleged that the PMSA had failed to take action against a certain property management company (Company A) in response to her complaint. The complainant also alleged that the PMSA had not provided any substantive replies on the investigation progress or results, other than repeating that the complaint was being followed up in accordance with procedures.
"The Office's investigation found that the PMSA had continued its contact, investigation and follow-up with Company A. As the complainant raised further allegations and provided supplementary information on multiple occasions, the PMSA had to seek further information from Company A. The complainant's case involved complex issues, including interpretation of legal provisions and the deed of mutual covenant, tendering procedures, conflict of interest, and disciplinary offences. Given the complexity of the case, it is understandable that the investigation took time.
"However, in its acknowledgement letter and interim replies to the complainant, the PMSA merely reiterated that it was following up on her complaint in accordance with procedures, without providing any substantive update. While the PMSA took a longer time in processing the complainant's complaint due to factors including the complexity of the case, for almost a year, the complainant received only repetitive and brief messages, making it difficult for her to know the progress of the investigation. This may have led her to believe that the PMSA had not taken any substantive action at all, which is far from satisfactory."
The Office is pleased to note that the PMSA has responded positively to the full investigation and has proactively proposed measures to improve its procedures and mechanism for responding to public complaints. This Office has incorporated the Authority's views into this investigation report. Overall, the Office has made 14 recommendations for improvement to the Authority and all the recommendations have been accepted by the PMSA.
The recommendations for improvement include:
- properly informing complainants through interim replies that more time may be required to process a case if it is complex or involves new allegations or supplementary information;
- considering publishing cases, summary of cases or adapted cases via the website or annual report of the PMSA for public and industry reference;
- considering revising and formulating performance pledges for investigating and responding to complaints based on the complexity of cases, and announcing any revised and newly formulated performance pledges;
- exploring the use of mediation to handle simple complaints wherever possible as a feasible solution for resolving complaints swiftly and amicably; and
- stepping up publicity and education to raise awareness of the benefits of mediation, and encouraging voluntary participation of the public and industry to achieve win-win outcomes.
The full investigation report has been uploaded to the website of the Office of The Ombudsman at www.ombudsman.hk for public information.
Ends/Friday, September 5, 2025
Issued at HKT 11:00
Issued at HKT 11:00
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