
香港业主对限制委任代表投票及将会议出席权限缩窄至亲属等提案的抵制,已促使当局研究替代方案,以解决导致大埔致命火灾背后的物业管理问题。
Hong Kong homeowners’ resistance to proposals to limit proxy votes and restrict meeting attendance to relatives has prompted authorities to study alternatives to resolve estate management issues behind the deadly Tai Po fire.
民政及青年事务局周二向立法会提交的一份文件显示了其就修订《建筑物管理条例》展开为期一个月的公众咨询结果,这是宏福苑大火造成168人死亡后提出的改革方案的一部分。
In a paper submitted to the Legislative Council on Tuesday, the Home and Youth Affairs Bureau revealed the findings of its month-long public consultation on amendments to the Buildings Management Ordinance, part of proposed reforms after the Wang Fuk Court fire that killed 168 people.
该部门收到了550份书面意见,其中包括对业主委员会会议期间限制委任代表投票提案参差不齐的看法,促使当局暂缓三项措施以作进一步研究和考虑。
The department received 550 written submissions, including mixed views on proposed restrictions on proxy voting during homeowner committee meetings, prompting authorities to defer three measures for further study and consideration.
近七成受访者反对仅允许特定人员(例如业主的亲属或同一屋苑的其他业主)担任授权代表。
Nearly 70 per cent of respondents opposed allowing only specified people, such as relatives of owners or other owners in the same estate, to act as authorised representatives.
报告称:“意见认为,在实际操作中,‘亲属’的定义以及核实业主与授权代表之间的关系存在困难。”
“The views considered that it was difficult to define ‘relatives’ and to verify the relationship between owners and authorised representatives in practice,” the report said.
“该提案也可能给在香港没有亲属且不认识其他业主、居住在海外或不经常居住在该屋苑的人士带来不便,从而影响他们行使投票权。”政府最初提出限制单一个人持有的委任代表数量,这一新措施得到了调查火灾的独立委员会的支持。
“The proposal may also cause inconvenience to persons who have no relatives in Hong Kong and do not know other owners, or who live overseas or do not live in the estate on a regular basis, thereby affecting the exercise of their voting rights.”The government initially proposed to limit the number of proxies held by a single person, a new measure backed by the independent committee investigating the fire.

但超过五成受访者反对这一建议,因为在多名业主选择同一委任代表时,如何识别和判定委任代表无效“无法达成共识”。
But more than 50 per cent of respondents objected to the suggestion as “no consensus could be reached” on how to identify and invalidate proxies when multiple owners chose the same proxy.
报告补充说:“相当多的意见还指出,加强突击检查和核实工作才是根本解决之道。”
“Quite a number of views also pointed out that strengthening spot checks and verification work should be the ultimate solution,” the report added.
该部门表示,将继续与利益相关者探讨引入上限的可行性,包括研究引入电子委任代表文书以帮助解决营运方面的顾虑。
The department said it would continue to discuss with stakeholders the feasibility of introducing a ceiling, including a study to introduce electronic proxy instruments to help address operational concerns.
一项旨在增加条款让业主可自愿向其委任代表书面发出具约束力投票指示的提案,遭到了七成受访者的反对。
A proposal to add a section for owners to voluntarily write binding voting instructions to their proxy was opposed by 70 per cent of respondents.
这被认为是不合理的,因为业主在作出知情决定之前,应该在会议现场聆听辩论、讨论和反建议。
This was considered unreasonable because owners should hear the debate, discussions and counterproposals on the meeting floor before making an informed decision.
报告称:“要求业主在会前填写具体的投票指示是不合理的,并且可能会过早透露他们的投票意图。”
“Requiring owners to fill in specific voting instructions before the meeting is unreasonable and may disclose their voting intentions prematurely,” the report said.
“即使委任代表没有按照指示投票,也很难被察觉并追究其责任。”独立委员会的报告于上周四由政府公布,其中审视了前大埔区议员黄碧娇的参与情况。
“Even if a proxy does not vote in accordance with the instructions, it is difficult to detect and hold the proxy accountable.”The independent committee’s report, released by the government last Thursday, examined the involvement of former Tai Po district Councillor Peggy Wong Pik-kiu.
在听证会上,居民表示黄碧娇在委任工程顾问“威保建筑设计有限公司”并罢免业主立案法团的会议期间,协助收集了大量的委任代表投票。
At evidential hearings, residents said that Wong helped to collect a significant number of proxy votes during meetings that appointed engineering consultant Will Power Architects and ousted the owners’ board.
受访者支持当局的一些咨询提案,包括将委任代表文书送交管理委员会秘书的时限从会前至少48小时延长至至少96小时。
Respondents supported some of the authorities’ consultation proposals, including for proxy instruments to be delivered to the management committee secretary at least 96 hours before a meeting, up from 48 hours.
他们还赞同在会前48小时于大厦显眼处张贴已提交委任代表表格的单位名单,并将会议通知期限从14天延长至16天,以适应这些时间表。
They also agreed that a list of flats that had submitted proxy forms would be displayed in a prominent area of a building for 48 hours before a meeting, and that meeting notice periods would be lengthened from 14 to 16 days to accommodate these timetables.
然而,提交的意见否决了政府提出的关于业主立案法团会议法定人数门槛的三级制方案。
However, the submissions shot down the government’s proposed three-tier system for a quorum threshold at incorporated owners’ meetings.
对于每个单位采购价值达3万港元(约合3800美元)的项目,该提案要求10%的业主出席会议,其中至少5%或100名业主亲自投票。
For projects with a procurement value of HK$30,000 (US$3,800) per flat, the proposal required 10 per cent of owners to attend the meeting, with at least 5 per cent or 100 owners voting in person.
对于每个单位价值8万港元的项目,则需要15%的业主出席会议,其中至少8%或150名业主亲自投票。
For projects valued at HK$80,000 per flat, 15 per cent of owners would need to attend the meeting, with at least 8 per cent or 150 owners voting in person.
尽管分级的亲自投票门槛获得了超过六成受访者的支持,但“相当多的意见”表明,分级的法定人数要求可能会阻碍进展。
Although the tiered voting-in-person thresholds were supported by more than 60 per cent of respondents, “quite a number of views” indicated that the tiered quorum requirement could hamper progress.
报告称:“如果召开会议的法定人数也引入分级制,则令人担心这可能会导致会议流会,并阻碍业主参与大型维修采购的决策。”
“If a tiered system is introduced for the quorum for convening meetings as well, it is feared that it may lead to adjournment of meetings and hinder owners from taking part in decisions on large-scale maintenance procurement,” the report said.
“在考虑了相关意见后,我们现在提议将分级制应用于亲自投票门槛,而会议的法定人数则维持现有的10%业主数量要求。”
“Having considered the relevant views, we now propose that the tiered system applies to the voting-in-person thresholds, while the quorum for meetings remains at the existing requirement of 10 per cent of the number of owners.”