A Hong Kong company appointed by the government to administer the fire-ravaged Wang Fuk Court has asked the Lands Tribunal to postpone a statutory deadline for holding a homeowners’ meeting.

Hectar Pun, a lawyer representing Hop On Management, told the tribunal on Monday that the firm had faced challenges in verifying signatures and finding venues for the meeting.

Hop On, a subsidiary of real estate giant Chinachem Group, applied to the Lands Tribunal to postpone the May 13 deadline for notifying owners of the meeting and the June 13 deadline for convening the meeting.

Judge Gary Lam noted that Hop On had made an ex parte application – a request for a court order without the presence of the opposing party – and told the firm to consider the matter from the perspective of the flat owners.

He also asked whether the court should postpone the deadline every time Hop On encountered difficulties. Pun replied that the tribunal has the judicial powers to make delays as long as there is “good cause” to do so.

Judge Lam said that the court would hand down its decision at 3pm on Tuesday.

Hop On was appointed by the government to take over administrative duties at Wang Fuk Court from the board of the owners’ corporation weeks after the deadly November fire at the Tai Po housing estate.

The Lands Tribunal granted the government’s appointment of the firm in early January.

Homeowners’ petition

Hop On said last month that it would apply to the tribunal to extend the deadline for holding a homeowners’ meeting after it received a petition with 247 handwritten signatures asking the firm to meet with flat owners to discuss long-term resettlement and related financial matters.

The total number of signatures supporting the petition exceeded the 5 per cent threshold needed to convene a meeting stipulated by the Building Management Ordinance.

See also: Tai Po fire: Residents say ‘no choice’ but to accept buyback as deadline looms

According to the ordinance, the management committee should issue notice of the meeting within 14 days and hold the general meeting with owners within 45 days.

Wang Fuk Court resident Jason Kong, one of the petition’s organisers and a former board member, was arrested for alleged government loan fraud last month, two weeks after delivering the petition.

After he was released from police detention, he said he would no longer take media interviews.

Hong Kong’s top leader has defended a management firm’s delay in holding a meeting with owners displaced by the deadly Wang Fuk Court fire, saying those procedures must be carried out “in accordance with the law.”

Chief Executive John Lee said at a Tuesday press conference that Hop On Management “has always given people the impression that it is serious,” citing two briefing sessions held online last month and arrangements for maintenance fee refunds.

“My requirement is that they need to handle all matters in accordance with the law,” Lee added.

Lee replied to a reporter’s question about whether the government would take any steps regarding the Lands Tribunal’s decision to deny Hop On’s bid to extend the statutory deadline for an owners’ meeting.

After receiving a petition from Wang Fuk Court homeowners in late April, the firm originally had to call a meeting by May 13 and hold it by June 13.

The Lands Tribunal ruled last week that postponing the deadline would affect homeowners’ rights to have a meeting. Judge Gary Lam said in his ruling that Hop On remained in breach of its statutory obligations and added that it should “convene and hold the meeting as requested as soon as possible.”

Lee said that the tribunal had acknowledged difficulties faced by Hop On, from verifying the petition’s 247 signatures to putting together a complete register of owners’ particulars.

He said that some of the people killed in the fire may have been flat owners and that probate certifications would be needed to account for those cases.

“Hop On needs to make residents understand that it will handle all matters in accordance with the law,” he said, adding that the government would continue to assist the firm.

See also: Wang Fuk Court administrator to study ruling after court rejects bid to extend meeting deadline

Following the tribunal’s ruling, Hop On told HKFP last week that it “is doing its utmost to discharge its duties in accordance with the law, even in difficult times.”

“Hop On is currently conducting a thorough review of the judgment, and will continue with its work in verifying owners’ signatures and identifying a suitable venue, aiming at convening the owners’ meeting while safeguarding the rights and interests of all owners of Wang Fuk Court,” it said.

The administrator of the fire-hit Wang Fuk Court has said it is studying the Lands Tribunal’s judgment after the court denied its bid to extend the statutory deadline for an owners’ meeting.

Replying to media enquiries, Hop On Management, the government-appointed administrator of the housing estate, also said on Wednesday that it would continue to verify signatures in the petition from homeowners and would hold a meeting as requested.

Just a day earlier, the Lands Tribunal denied Hop On’s application to postpone the deadline for convening and holding an owners’ meeting, as required by the Buildings Management Ordinance (BMO), after the company received the homeowners’ petition.

Hop On also said on Wednesday that it made the application due to the extensive preparations for the meeting and that it hoped all homeowners would have a “fair opportunity” to participate in the meeting.

Hop On added that it appreciated the tribunal’s acknowledgement of the administrator’s efforts in contacting homeowners.

In his Tuesday judgment, Judge Gary Lam, presiding officer of the Lands Tribunal, said that the firm’s difficulty in contacting owners was “not insurmountable” as it had managed to collect addresses, phone numbers and email addresses of 1,601 owners out of 1,984 units at the Tai Po housing estate.

He also said it was “plain and obvious” that the BMO does not give the tribunal jurisdiction to extend the statutory deadline for holding owners’ meetings.

Replying to press enquiries, the Home Affairs Department (HAD) said that Lam’s ruling involved the interpretation of the BMO and that the government would study the judgment.

The department also noted that the tribunal gave Hop On and the HAD “credit” for their efforts in issuing notices and convening the meeting, given the exceptional circumstances.

On April 29, Hop On, a subsidiary of real estate giant Chinachem Group, received a petition with 247 handwritten signatures asking the firm to meet with flat owners to discuss long-term resettlement and related financial matters.

The total number of signatures supporting the petition exceeded the 5 per cent threshold needed to convene a meeting stipulated by the BMO.

According to the ordinance, the management committee should issue notice of the meeting within 14 days and hold the general meeting with owners within 45 days.

A Hong Kong court has dismissed the bid of a government-appointed administrator of the fire-hit Wang Fuk Court to extend the deadline to hold a meeting with homeowners.

In Tuesday’s judgment, Judge Gary Lam, presiding officer of the Lands Tribunal, denied Hop On Management’s application to delay a statutory deadline to hold an owners’ general meeting, saying the court had no jurisdiction to make such a decision under the Buildings Management Ordinance (BMO).

Hop On – appointed as the administrator of the Tai Po housing estate in January following the deadly blaze – had applied to the tribunal to postpone the May 13 deadline for convening an owners’ meeting, as well as the June 13 deadline for holding the meeting.

It also asked the court to suggest alternative methods for notifying homeowners, as providing mailed notice was considered “impracticable and/or ineffective” after the fire in November.

‘Substantive right’

Judge Lam said in the ruling that postponing the deadline would affect homeowners’ right to have a meeting.

He wrote that the right to request a corporation meeting, in his view, “a fundament[al] substantive right of an owner so that the owner would be afforded [the] opportunity to come together to be informed, discuss and deliberate, and/or participate in and [make] decisions concerning the management of the buildings.”

“The right to convene and hold a meeting is the two sides of the same coin,” Lam added. “To vary the timeframe would in my view vary the substantive right created by statute.”

In addition, Lam said, “not a word” in the ordinance suggests that the timeframe for holding the meeting can be varied, “let alone that the Tribunal or any other Courts would have any jurisdiction to vary the timeframe.”

“I am of the view that it is plain and obvious the BMO confers no jurisdiction on the Tribunal” to extend the deadline, the judge said.

Lam also said that Hop On remained in breach of its statutory obligations and added that it should “convene and hold the meeting as requested as soon as possible” to minimise any further potential breaches.

He also noted that Hop On’s difficulty with contacting owners was “not insurmountable” as it had managed to collect addresses, phone numbers and email addresses of 1,601 owners out of 1,984 units at Wang Fuk Court, while the Home Affairs Department had given the firm the owners’ contact numbers.

On April 29, Hop On, a subsidiary of real estate giant Chinachem Group, received a petition with 247 handwritten signatures asking the firm to meet with flat owners to discuss long-term resettlement and related financial matters.

The total number of signatures supporting the petition exceeded the 5 per cent threshold needed to convene a meeting stipulated by the Buildings Management Ordinance.

According to the ordinance, the management committee should issue notice of the meeting within 14 days and hold the general meeting with owners within 45 days.