LCQ19: Monitoring maintenance works of residential buildings
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Question:
Some residents of On Kay Court in Ngau Tau Kok have reflected that the works consultancy firm engaged by On Kay Court for the major maintenance works of the housing estate is the same as the one engaged by Wang Fuk Court in Tai Po, and the persons in charge of the firm are now involved in judicial proceedings, thus plunging the works at On Kay Court into a standstill and a supervision vacuum and arousing residents' concern about safety and works progress. In this connection, will the Government inform this Council:
(1) whether the Government and the Urban Renewal Authority will, in view of the situation concerning the maintenance works at On Kay Court above, consider intervening by adopting the following measures: (i) deploying qualified civil servants or designating independent professionals as works consultants; (ii) entrusting qualified third-party organisations to monitor the work of the existing works consultancy firm or introducing other special options as support, and (iii) if it is necessary to engage a new contractor, stepping up the monitoring of the new contractor to ensure that the services it provides are professional, safe and compliant with the law and prevent the works from being left uncompleted;
(2) as it has been learnt that the Owners' Corporation (OC) of On Kay Court will have to hold a general meeting regarding its major maintenance arrangements, but some residents are worried that the inadequate participation of certain owners (especially non-occupier owners who have leased their units) will affect the quorum of the meeting and the decision-making progress, whether the Government has conducted any assessment in this regard and adopted any measures to assist the housing estate in relaunching the works;
(3) whether the Independent Checking Unit under the Housing Bureau has participated in the screening of works contractors and consultancy firms by OCs of housing estates developed by the Hong Kong Housing Authority (HA), as well as the assessment and monitoring of the business competence and integrity of the relevant companies;
(4) whether it plans to undertake reforms in order to strengthen the Housing Bureau's support for housing estates under the Tenants Purchase Scheme (TPS) and the Home Ownership Scheme (HOS) in the areas of building management and maintenance works or even directly intervene in these aspects; if so, of the specific measures and the timetable; if not, the reasons for that;
(5) of the total number of TPS and HOS estates in Hong Kong which have received a repair order issued by the Government under the Mandatory Building Inspection Scheme in the past five years, with a breakdown by maintenance works progress (i.e. works in progress, works completed and works not yet commenced); of the number of housing estates among them which have engaged the same works consultancy firm and contractors as Wang Fuk Court;
(6) as HA possesses property ownership in some HOS and TPS estates, whether HA will assume a more leading role in building maintenance works projects in the future by exercising its voting rights as an owner and directly participating in the relevant decision-making process; if so, of the details; if not, the reasons for that;
(7) regarding those HOS estates which have been completed for quite some time but have not yet formed their OCs, whether the Government will take targeted follow-up measures and initiate the provision of legal, administrative and technical support for them, so as to expedite their formation of OCs and in turn facilitate the maintenance and repair of such housing estates;
(8) of the total amount of subsidies offered to eligible owners every year since the introduction of the Mandatory Building Inspection Subsidy Scheme; and
(9) whether it has inquired into the number of housing estates which have received works consultancy services from the works consultancy firm involved in the major maintenance project of Wang Fuk Court in the past two years, and whether those projects have applied for and received government funding; if so, of the housing estates involved; as the works of those housing estates may be plunged into a standstill as in the case of On Kay Court, of the support and response arrangements put in place by the Government in this regard?
Reply:
President,
In response to the question raised by the Hon Tang Ka-piu, having consulted the Development Bureau and the Home Affairs Department, our reply is as follows:
(1), (2) and (3) On Kay Court in Ngau Tau Kok (the Court) established its Owners' Corporation (OC) in 2000. In terms of management, the Court is no different from general private residential properties. In accordance with the Housing Ordinance (Cap. 283), the properties developed by the Hong Kong Housing Authority (HKHA) and sold or divested are subject to the statutory control under the Buildings Ordinance (BO)(Cap. 123) as with general private properties. The Independent Checking Unit under the Housing Bureau (ICU) exercises the statutory building control to these properties under the delegated authority of the Director of Buildings in accordance with the BO and Buildings Department (BD)'s policies and guidelines. The statutory control works include the handling of alteration and addition works submissions; implementation of the Minor Works Control System and the Mandatory Building Inspection Scheme (MBIS)/Mandatory Window Inspection Scheme (MWIS); handling of matters related to building safety and unauthorised building works, etc. In implementing MBIS, the work of ICU includes issuing MBIS statutory notices and following up on the compliance status, but not participating in the OC's selection process of works contractors and consultancy firms for courts developed by the HKHA.
It is the OC's duty to oversee matters about the major maintenance works at the Court, including the selection of works contractors and consultancy firms. The Kwun Tong District Office (KTDO) has been providing assistance to the relevant OC regarding the major repairs at On Kay Court. The owners' meetings convened by the OC on November 30, 2025 and February 1, 2026 included agenda items related to the major repair works. Both meetings met the quorum requirements for convening an owners' meeting, and the owners actively participated in the discussions. During the meeting on February 1, a resolution to re-tender for the appointment of a new consultant was successfully passed through voting. The KTDO, together with the Legislative Council Members of the district and District Council members, will maintain communication with the OC and the property management company (PMC), closely monitor the progress of the re-tendering process, provide advice and assistance as needed, and urge the OC and the PMC to maintain ongoing communication with the owners regarding the major repair matters.
The Urban Renewal Authority (URA) will assist the OC in re-tendering. This includes collaborating with professional institutions to prepare tender documents for the Court and enabling the OC to re-tender through the "Smart Tender" platform. In view of the special circumstances of the Court, the service fees for re-tendering can be waived. Depending on the timing of re-tendering, the enhanced "Smart Tender" service, which the Development Bureau and the URA are exploring and planning to launch in the second half of this year, may also be applicable.
(4), (6) and (7) The Building Management Ordinance (BMO) (Cap. 344) provides a legal framework for the establishment and operation of OCs, enabling owners to form OCs for better management of their housing estates. The Tenants Purchase Scheme (TPS) estates and Home Ownership Scheme (HOS) courts are regulated by the BMO as well as Government leases and Deeds of Mutual Covenant (DMCs). The HKHA has always encouraged owners of TPS and HOS units to establish OCs under the BMO and to actively participate in the estate/court affairs, with a view to achieving owners' self-management.
On TPS estates, the HKHA has all along been actively supporting the relevant property management and maintenance work of the estates. the HKHA takes the initiative to appoint representatives to serve as members of the Management Committees (MCs) and maintains close communication and liaison with members of OCs. The HKHA's concrete support measures cover the following five key areas –
(i) Actively exercise title and voting rights: the HKHA actively supports the management issues of TPS estates and exercises its voting rights on important issues which require discussion and voting (e.g. building safety, maintenance of public facilities, use of the Maintenance Funds, appointment of PMCs, management fee control). Representatives of the HKHA also provide professional advice on tendering of works, so as to uphold the maintenance of public facilities, building safety, environmental hygiene and to assist the OC in providing quality management;
(ii) Actively participate in MC's work: the HKHA representatives actively participate in MC matters, including regular disclosure of Maintenance Fund usage and assessment of future maintenance needs. When complaints or enquiries regarding TPS estate tenants arise (e.g. ceiling seepages, repair matters, air-conditioner dripping, damage of environmental hygiene), the Housing Department will follow up with and provide assistance to the OC's PMC with a view to addressing the issues through close liaison;
(iii) Share property management knowledge and professional advice: the HKHA directly provides OCs and their PMCs with knowledge on property management and professional management advice, as well as updates on relevant property management legislation and practical experience on daily management matters. The HKHA also invites the URA to promote programmes such as "Smart Tender", Integrated Building Rehabilitation Assistance Scheme, and "Operation Building Bright 2.0" to enhance management and maintenance standards;
(iv) Participate in procurement of goods and services: HKHA representatives remind OCs to conduct procurement in accordance with the BMO and relevant Codes of Practice. For complex projects involving the MBIS or MWIS, HKHA representatives assist OCs in evaluating tenders to ensure that projects comply with legal requirements and the provisions of the DMCs, thereby protecting the interests of owners. OCs are also encouraged to use "Smart Tender" services to enhance transparency and competitiveness in the tendering procedures; and
(v) Implement tenancy management policies for HKHA tenants: the HKHA addresses tenant misconduct (such as noise nuisance or throwing objects from heights) in TPS estates through the Marking Scheme for Estate Management Enforcement. Furthermore, the HKHA collaborates with OCs and PMCs to gather evidence and conduct joint operations as well as tenancy enforcement actions to maintain the estate environment.
The HKHA will continue to work closely with OCs and PMCs in its capacity as an owner to promote quality management and timely maintenance.
The circumstance of HOS courts differs from that of TPS estates. The HKHA still owns some unsold flats in TPS estates while all residential flats in HOS courts have already been sold. The HKHA only retains ownership of small non-residential portions in individual HOS courts and hence the management of HOS courts sold is handled by respective OCs and Property Services Agents (PSAs).
In terms of management, as a matter of fact, HOS courts are no different from general private residential properties. The HKHA has all along been providing proactive assistance to owners of HOS courts in forming OCs, and District Offices will also provide assistance as necessary. As a court may not have formed an OC right upon intake, the HKHA will assume the court's initial DMC Manager according to the DMC to appoint qualified PSAs to undertake daily management matters and repair services, such as security, cleaning and maintenance of common facilities. The HKHA will actively offer advice and support with a view to assisting owners in supervising the performance of the PSAs and encouraging owners to form an OC early. The HKHA also offers communication and technical assistance in estate management matters, thereby ensuring effective handover of management responsibilities in the future. The HKHA also liaises with the relevant District Offices to organise seminars sharing information on forming OCs as well as building management. Moreover, the HKHA also assists owners who would like to participate in the MC to hold owners' meetings.
As regards the courts where the establishment of an OC could not be passed at owners' meetings, the HKHA will continue to actively gauge the owners' concerns and will also continue to promote good and effective building management practices through various channels, including organising seminars and distributing promotional materials in collaboration with District Offices, with a view to enlightening owners of the benefits of good building management and encouraging them to establish OCs for taking over the management of their courts.
(5) In the past five years (2021 to 2025), ICU issued statutory notices under MBIS to a total of 16 TPS estates / HOS courts (see Annex).
Under MBIS, building owners who receive the statutory notices issued by ICU must appoint a Registered Inspector (RI) to carry out the prescribed inspection to all common parts, external walls, projections, etc and supervise the necessary prescribed repairs. Should prescribed repairs be required, the owners must appoint a registered contractor to carry out the prescribed repairs under the supervision of the RI. In accordance with BD's policies and guidelines, the statutory procedures of MBIS only require the details of the registered contractors to be provided upon completion of repairs works, while the details of the consultancy firms are not required before and during the works stage, nor the notification of the commencement of works. ICU has not received notifications from the aforesaid 16 estates/courts regarding the completion of works, and hence ICU does not have the details of the consultancy firms or contractors concerned. In the case of Tsui Wan Estate, Chai Wan, ICU learnt from the prescribed inspection report submitted by the RI, who carried out the aforesaid prescribed inspection to the buildings, that the same consultancy firm appointed by Wang Fuk Court was engaged in the works in that estate.
(8) In support of the implementation of MBIS in June 2012, the URA and the Hong Kong Housing Society launched the Mandatory Building Inspection Subsidy Scheme (MBISS) in August of the same year subsidising eligible owners on the first building inspection. As these inspection costs have later been incorporated in the subsidy scope of the subsequent "Operation Building Bright", applications for MBISS were therefore closed on March 31, 2024.
As of January 2026, disbursement of subsidies under MBISS are as follows:
| Year | No. of case(s) |
Amount of subsidy disbursed ($'000) |
| 2012-2013 | 1 | 9.67 |
| 2013-2014 | 21 | 818.02 |
| 2014-2015 | 133 | 4,134.23 |
| 2015-2016 | 100 | 2,863.47 |
| 2016-2017 | 65 | 1,588.11 |
| 2017-2018 | 44 | 1,100.78 |
| 2018-2019 | 19 | 596.66 |
| 2019-2020 | 17 | 423.48 |
| 2020-2021 | 11 | 245.03 |
| 2021-2022 | 4 | 127.66 |
| 2022-2023 | 4 | 131.94 |
| 2023-2024 | 1 | 20.08 |
| 2024-2025 | 3 | 109.48 |
| 2025-2026 | 3 | 81.92 |
| Total: | 426 | 12,250.53 |
(9) According to the user data of the URA's "Smart Tender", the works consultant company responsible for Wang Fuk Court has provided consultancy services to 43 housing estates or buildings over the past two years. All of the involved estates or buildings have participated in Government or the URA's subsidy schemes. Should the owners of these housing estates or buildings decide, after discussion, to terminate their contracts with the works consultant company according to applicable provisions of the contract and wish to go through the tender process again for works consultant, as stated in Part 1 of the reply, the URA will render assistance to the OC. This includes collaborating with professional institutions in preparing tender documents and re-tender through "Smart Tender" platform. Given the special circumstances of these housing estates or buildings, the service fees for re-tendering will also be waived. Depending on the timing of re-tendering, the enhanced "Smart Tender" service, which the Development Bureau and the URA are exploring and planning to launch in the second half of this year, may also be applicable.
Ends/Wednesday, February 25, 2026
Issued at HKT 15:33
Issued at HKT 15:33
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