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Hong Kong Law Reform Commission |
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Preface
__________
Terms of
reference
1. In March 1996, the then Attorney General and the
then Chief Justice made the following reference to the Law Reform
Commission:
"Should the present laws
governing the protection of prospective purchasers and purchasers of completed
residential property in Hong Kong in relation to any pre-contractual matters and
sales descriptions be changed and, if so, in what
way?"
2. The reference refers to
"pre-contractual" matters. It covers any sales matters before the time of
contract, that is to say, the signing of the formal sale and purchase agreement.
The
Sub-committee
Part I - Local
uncompleted residential properties
3. The Law Reform Commission's Sub-committee on
Descriptions of Flats on Sale ("the Sub-committee") was first appointed in
November 1992 to consider the sales descriptions of uncompleted residential
properties. In April 1994, the Sub-committee released a consultation paper to
seek public comments on their interim recommendations. The Sub-committee's
proposals were largely adopted by the Commission and formed the basis of the
Commission report published in April 1995 on the sales descriptions of local
uncompleted residential properties entitled, Report on Description of Flats
on Sale, ("the First Report"). The Government published the Sales
Descriptions of Uncompleted Residential Properties Bill as a White Bill on
7 April 2000 to largely implement the proposals in the Commission
report.
Part II - Overseas
uncompleted residential properties
4. In April 1995, the Sub-committee commenced
consideration of the second part of their study, namely, the sales descriptions
of overseas uncompleted residential properties put up for sale or advertised in
Hong Kong. They released a consultation paper in September 1996 to solicit
public views on their interim recommendations. The Sub-committee's proposals
were again largely adopted by the Commission and formed the basis of the
Commission report published in September 1997 entitled, Report on Sales
Descriptions of Overseas Uncompleted Residential Properties ("the Second
Report").
Part III - Local
completed residential properties
5. This is the third part of the study by the
Sub-committee. It covers the sales descriptions and other pre-contractual
matters of completed residential properties in Hong
Kong.
Sub-committee
membership
6. The membership of the Sub-committee (in respect
of the third part of its reference) was:
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Mr Kennedy WONG
Ying-ho
(Chairman)
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Managing Partner
Philip K H
Wong, Kennedy Y H
Wong &
Co
Solicitor
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Mr Tom Berry,
JP
(Represented by Mr John Edge, JP, Acting Deputy
Director (Legal) of Lands Department from 21 January 1999 to 26 August
1999)
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Deputy Director
(Legal)
Lands Department
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Ms Audrey EU, SC
(up to 22
April 1998)
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Senior Counsel
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Mr Kenneth KWOK
Wing-hon
(from 16 July 1999)
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Senior Development
Manger
Swire Properties Ltd
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Mr Andrew LEE King-fun
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Principal Partner
Andrew
LEE King-fun and
Associates
Architect
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Mr LIU Sing-cheong
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Managing Director
Hang
Cheong Surveyors Ltd
Surveyor
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Ms Rebecca PUN
Ting-ting
(from 28 July 1999 to 31 March
2000)
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Principal Assistant
Secretary
Housing
Bureau
Government Secretariat
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Mr Malcolm Merry
(from 30
June 1998)
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Counsel
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Ms June Teng
(from 5
October 1998 to 3 June 1999)
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General Secretary
Real
Estate Developers
Association of Hong
Kong
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Ms Eva TO Hau-yin
(up to 28
July 1999)
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Principal Assistant
Secretary
Housing
Bureau
Government Secretariat
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Mr WAI Siu-yu
(up to 31
July 1998)
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General Secretary
Real
Estate Developers
Association of Hong
Kong
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Ms Lorna WONG
Lung-shi
(from 31 March 2000)
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Principal Assistant
Secretary
Housing
Bureau
Government Secretariat
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Mr Martin WONG Kwai-poon
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Chief Complaints & Advice
Officer
Consumer Council
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Mr Marco WU Moon-hoi, JP
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Deputy
Director/Management
Housing
Department
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7. Mr Thomas LEUNG Moon-keung, Senior Government
Counsel, acted as the Secretary to the Sub-committee.
Meetings
8. The Sub-committee commenced the study of the
third part of its reference on 26 February 1998 and between then and
27 July 2000, held a total of 48 meetings.
Consultative
document
9. This consultation paper sets out the
Sub-committee's interim recommendations on ways to improve the sales
descriptions and other pre-contractual matters of completed residential
properties in Hong Kong.
10. The purpose of
circulating this consultation paper is to invite the public and all interested
parties to express their views on the matters raised and the interim
recommendations made. The Sub-committee will present its final recommendations
to the Law Reform Commission after taking into account the responses collected
during consultation.