(a) The Hong Kong Institute of Housing (“the Institute”) being a company limited by guarantee was incorporated on 29th November 1988 under the former Companies Ordinance (Cap 32 of laws of HKSAR). The Institute is also governed by the Hong Kong Institute of Housing Ordinance (Cap. 507) which came into force on 9th May 1997 and the Memorandum of Association and Articles of Association of the Institute (“By-Laws”).(b) The Institute is a professional body in Hong Kong for achieving the objects as stipulated in the By-Laws. The role of the Institute is co-ordination and execution of housing services incorporating design, provision, improvement, rehabilitation, management and administration of all types of housing in Hong Kong.(c) The composition of the Council of the Institute consists of the President, Vice President, Treasurer, Secretary, Immediate Past President and not less than 10 but not more than 25 Corporate Members elected at the annual general meeting of the Institute.(d) The first edition of the Code of Conduct was approved by the Institute on 1st December 1994 which came into force on 1st January 1995. The second amendment was adopted by the Institute with effect on 4th October 2007. The third amendment was revised with the Institute’s approval with effect on 31st December 2014.(e) The Code of Conduct and the amendments from time to time by the Institute shall be binding on all members of the Institute.

Preface

(a) To promote the standards and ideals of the science and art of the profession of housing management;(b) To provide a central organization for those engaged in the profession for the promotion of management of housing estates and property by properly trained and qualified housing practitioners, and generally to foster the improvement of housing in all respects;(c) To provide opportunities for the acquisition and dissemination of technical information by and among members of the profession with a view to improving standards of efficiency;(d) To select, train and test by examination and to grant certificates and diplomas and to award prizes to persons desirous of entering the profession or obtaining advancement therein;(e) To co-operate with other bodies and persons in Hong Kong and elsewhere in connection with all or any of the Institute's objects;(f) To advance and promote learning and education of the profession and to offer and provide management, teaching and any other service whatsoever for the education of the profession;(g) To organize and arrange conventions, conferences, meetings, lectures, classes, exhibitions, demonstrations, displays, shows and gatherings of any kind whatsoever so as to further the profession;(h) To print and publish any publication, newspaper, periodicals, books or leaflets for the promotion or advancement of the objectives of the Institute;(i) To promote, support and protect the character, status and interests of housing managers in Hong Kong;(j) To maintain and promote the usefulness of the profession of housing managers for the public advantage;(k) To join other institutions and organizations outside Hong Kong with similar objectives as member;(l) To enter into any arrangement and/or agreement for reciprocal recognition of qualifications and/or memberships of the Profession with any institution or organization, whether local, overseas or in mainland China whose objectives are identical or similar to those of the Institute; and(m) To do all such other things as are incidental or conducive of the attainment of the above objects as the General Council may consider appropriate.

Objects and functions of the Institute

(a) The Code of Conduct together with amendments made from time to time shall be applicable to all members including Fellows, Members, Practitioners, Associates, Affiliates, Probationers, Registered Students, Retired Members and Honorary Fellows of the Institute.

Applicability of the Code of Conduct

(a) Members shall endeavour to promote the art and science of the profession to the best of their ability.(b) It is usual for members of the Institute to encounter circumstances or situations in which values, principles, rules and interests appear to conflict and which may be difficult to harmonize in practice. The discharge of a member's duties in such circumstances or situations involves the acceptance and habitual exercise of ethical values, i.e. integrity, honesty, loyalty and fairness.(c) Each member shall obey the terms and conditions of the Code of Conduct, failing which, the membership of the member shall be terminated and/or and disciplinary action under the relevant provisions of the By-laws and the Code of Conduct may be taken.(d) Besides, the Code of Conduct highlights the following aspects of professional conduct that each member shall comply with the same in discharging their professional duties.

Compliance

(a) In regard to disciplinary action against a member, the powers of the Council are set out in Clause 23 of the By-Laws. The disciplinary procedures and the act of disciplinary offence are stipulated in Clause 23 of the By-Laws.(b) Under clause 23.1 of the By-Laws, disciplinary offences include, inter alia, misconduct or neglects in any professional respects including but not limited to contravention of any ordinance(s), regulations, rules governing building management and the licensing for property management companies and the property management practitioners and so on.(c) By virtue of Clause 23 of By-Laws, the Council has power, inter alia, to take disciplinary action against the member concerned including but not limited to removing the name of such member who has committed disciplinary offence from the register of the Institute.

Disciplinary Powers

(a) The complainant shall comply with clause 23.3.1 of the By-Laws when lodging a complaint. Any oral complaint against a member and other means of complaint as not specified therein will not be entertained.(b) Disciplinary procedures shall follow the provisions of the Clause 23 of the By-Laws.(c) The General Council shall establish a Disciplinary Inquiry Panel including a Convenor who must be a member of General Council and may also appoint one or more members of the Institute on the said Panel as Deputy Convenor (as the case may be) in accordance with Clause 23.2 of the By-Laws.(d) The Convenor or the Deputy Convenor (if the Convenor is absent) shall then establish an Inquiry Committee in accordance with clause 23.4 of the By-Laws for conducting full investigation and giving recommendation to the Disciplinary Inquiry Panel upon receipt of the complaint in respect of the disciplinary offence against a member.(e) The Inquiry Committee shall consist of 4 to 5 members of the Institute to be elected amongst the Disciplinary Inquiry Panel as the Convenor considers appropriate.(f) The Convenor may, as he considers necessary, appoint 1 lay person who has no connection with the practice of housing management as an additional member of the Inquiry Committee. In any case, the total number of Inquiry Panel Committee cannot exceed 5.(g) The Inquiry Committee has power to inquire into the conduct of any member in respect of whom it was constituted. Subject to the permission of the General Council, the ancillary powers of the Inquiry Committee are extensive and it may request the attendance of witnesses, summons, examine them and request them to produce documents.(h) A member is required to attend a hearing before an Inquiry Committee if he is summoned, failing which, except with reasonable excuse acceptable to or with the approval of the Inquiry Committee, such member has committed a disciplinary offence.(i) The Inquiry Committee shall not proceed to hear evidence of a complaint unless the member concerned is given 28 days’ notice of the complaint and the date, time and place of the hearing in accordance with Clause 23.4(vi) of the By-Laws. The member concerned may make representations or be represented by a barrister, a solicitor or any other member of the Institute at the hearing.(j) Before hearing, if a member confirms, in writing, his/her intention to admit the complaint(s), the parties may request the Inquiry Committee to concur that the steps relating to written submissions and hearing of the complaint(s) be dispensed with and may simply need to make submissions to the Inquiry Committee as to the appropriate sanction to be imposed under Clause 23.6 of By-Laws. This will enable the matter to be brought to a conclusion in a shorter period of time with consequential cost savings for the parties concerned.(k) The power of the Inquiry Committee is to decide whether a complaint has been established according to the evidence and findings and if so, to determine whether a member has, in the opinion of the Inquiry Committee, committed any disciplinary offence(s) as defined under Clause 23.1.(l) After conducting full investigation, the Inquiry Committee shall make recommendation to the Convenor on whether the General Council shall make any order against the member concerned as set out in clause 23.5 of the By-Laws including but not limited to removing the name of the member from the register of the Institute. The decision of the General Council is final and conclusive.

Disciplinary Procedures

Terms of the Code of Conduct

(a) Members shall report to the Institute forthwith if they become the subject of a disciplinary inquiry or criminal charge by any government or licensing authority.(b) Members shall use his judgment based on his individual knowledge, qualifications, competence and experience when handling each task.(c) Members recognize the need for lifetime learning and participation in continuing education in the field of property management services.(d) Members shall keep updating his knowledge and skills at regular intervals to enhance professional competence.(e) Members shall observe the laws of Hong Kong, in particular property management practices.(f) Members shall at all times conduct in a manner which upholds the reputation of the Institute.(g) Members shall not conduct in any way which might bring the Institute and the profession into disrepute.(h) Members shall not commit any misconduct or neglect in any professional respect.(i) Members shall discharge his professional responsibilities with competence, dignity, integrity, fairness, courtesy and a sense of responsibility.(j) Members shall not offer, give, solicit, receive or accept any bribe or advantage as to influence the performance of his professional duties. "Advantage" is defined in section 2 of the Prevention of Bribery Ordinance (Cap. 201) as:<ul><li>(i) any gift, loan, fee, reward or commission consisting of money or of any valuable security or of other property or interest in property of any description;</li><li>(ii) any office, employment or contract;</li><li>(iii) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;</li><li>(iv) any other service, or favour (other than entertainment), including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary civil or criminal nature, whether or not already instituted;</li><li>(v) the exercise or forbearance from the exercise of any right or any power or duty; and</li><li>(vi) any offer, undertaking or promise, whether conditional or unconditional, or any advantage within the meaning of any of the preceding paragraphs (i), (ii), (iii), (iv) and (v).</li></ul>(k) Members shall recognize the competence and interdependence of other disciplines related to the profession and act with them to the best interests of the community and the environment.(l) Members shall be responsible for continuously updating and increasing their own knowledge and adding to the accumulation of professional knowledge underlying his profession.(m) Members shall comply with the regulations on Continuing Professional Development issued by the Institute from time to time.(n) Members shall report to the Institute for any breach of this Code of Conduct which has come to his knowledge.(o) Members shall not advertise, misuse or abuse their connection with the Institute in order to further their business or personal interests.(p) No member shall be connected with any occupation or business in any way which would, in the opinion of the Institute, prejudice his professional status or the reputation of the Institute.(q) A member who makes public his personal views on any subject shall not claim or give the impression that they are representing the official views of the Institute unless he has been expressly authorized to do so by the Council of the Institute.

Professional Conduct

(a) Members shall, at all times, whether in the course of their work or not, conduct themselves with honesty, integrity and propriety to be expected of a member of the Institute.(b) Members shall conduct his professional practice or business in strict accordance with the laws of Hong Kong and the laws of foreign countries where they have a business interest.(c) Members shall uphold the right of equal opportunity and fair dealing. Members shall not discriminate against any individual or group on grounds of race, colour, creed, gender, religion, age or physical disability.(d) Members shall not disclose to a third party any confidential or privileged information entrusted to him by their employers or clients.

Personal Conduct

(a) Members shall act responsibly, fairly and professionally with due care and due respect to the individuals concerned whenever they are required to offer any comments or criticism on his colleagues. However, it shall be a member's duty to report immediately any irregularities of a criminal nature in respect of their colleagues to their employer or the Institute.(b) Members shall support the interchange of information and experience with his colleagues.(c) Members shall assist and support colleagues in their career development.

Conduct towards Colleagues

(a) Members shall provide accurate and relevant information/advice to his clients to the best of their knowledge to facilitate them to make informed judgment(s) and decisions.(b) Members shall offer complete loyalty to his employer or clients in all business matters, and must act with fairness between his employer or clients and any other party concerned.(c) Members shall inform his employer and clients, within reasonable time, of any conflict between his personal or financial interests and the faithful service to his employer or clients.(d) Members shall not offer, give, receive or accept any gift, payment, or other forms of advantage to or from those having business or contractual relationships with his employer or clients without the prior consent of his employer. ("Advantage" is defined in section 2 of the Prevention of Bribery Ordinance (Cap.201) and in paragraph (j) of Professional Conduct as above.)(e) Members shall not misuse or abuse his power or position for his personal interest.(f) Members shall honour the special trust reposed by their employer, colleagues and clients.

Conduct towards Employers and Clients

(a) Members shall, in the discharge of his duties, seek to protect the public interests, especially where these relate to occupational health, public safety, community welfare and the protection of the environment.(b) Members shall seek to extend public understanding of the housing profession.(c) Members shall be encouraged to participate in community and civic affairs, as well as to contribute to charities.

Conduct towards the Community

(a) The Code are promulgated by the Institute and shall be observed by the members of Institute. The General Council has the power to discipline any member who is found in breach of the Code.(b) Unless otherwise specified or the context otherwise requires, words importing the singular number only shall include plural number and vice versa and words importing the masculine gender only shall include the feminine and the neuter gender and vice versa and words importing persons shall include companies or corporations and vice versa and words and phrases in the Code shall be interpreted by reference to any definition of such word or phrase in Clause 1 of the By-laws of the Institute.(c) The Code should not be interpreted in a way that would override the provision of the By-laws.(d) When there is a conflict with the Chinese version of the Code of Conduct, the English version shall prevail.

Code of Conduct

The Hong Kong Institute of Housing Code of Conduct