Estate Agents Ordinance


Published: 2014-04-10

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Cap 511 - ESTATE AGENTS ORDINANCE 1

Chapter: 511 ESTATE AGENTS ORDINANCE Gazette Number Version Date

Long title E.R. 2 of 2014 10/04/2014


An Ordinance to provide for the establishment of a body to be known in the English language as the Estate Agents
Authority and in the Chinese language as "地產代理監管局" and to define its functions, for the licensing of
estate agents and certain salespersons, the regulation of estate agency work and certain agency agreements, and
for matters related or incidental to the foregoing.


[Parts I, II,
sections 41, 54(1), 56 and 57, and the Schedule


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8 August 1997 L.N. 411 of 1997

Part III except sections 15
and 16;
sections 31, 32, 33, 35, 53, 54(2) and 55(1)(c),
(d), (h)(iv), (i), (j) and (k), (3)(b) and (d) and
(6)


}
}
}



21 October 1998 L.N. 330 of 1998

Sections 15 and 16;
section 28 (except subsection (9)(b)(vi));
section 29;
section 30 (except subsection (4)); sections 34,
38 (except subsection (3)), 39, 40, 42, 43;
section 55(1)(a), (b), (e), (f), (g) and (h)(i), (ii)
and (iii), (2), (3)(a) and (c), (4) and (5)

}
}
}
}
}
}







1 January 1999 L.N. 390 of 1998





Sections 28(9)(b)(vi), 30(4), 38(3), 55(1)(h)(v)
and 58;
Part VII;
section 36, 37 and 44 and Part VI for the
purposes of the application of those sections
and that Part to and in relation to any property
in Hong Kong used wholly or primarily for
human habitation

}
}
}
}
}





1 November 1999 L.N. 190 of 1999]


(Enacting provision omitted—E.R. 2 of 2014)


(Originally 48 of 1997)

Part: I PRELIMINARY L.N. 411 of 1997 08/08/1997




Section: 1 Short title and commencement L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.



Cap 511 - ESTATE AGENTS ORDINANCE 2


(1) This Ordinance may be cited as the Estate Agents Ordinance.
(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Transport and

Housing by notice in the Gazette, and different days may be so appointed for different provisions and for different
purposes. (Amended L.N. 106 of 2002; L.N. 130 of 2007)

Section: 2 Interpretation L.N. 163 of 2013 03/03/2014


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) In this Ordinance-

"advertisement" (廣告) includes every form of advertisement, whether to the public or not, and whether-
(a) in a newspaper or other publication;
(b) by television or radio;
(c) by the display of posters, notices, signs, labels, showcards or goods;
(d) by the distribution of circulars, brochures, catalogues, price lists or any other material;
(e) by the exhibition of pictures, models or films; or
(f) in any other way,

and any reference to the issue or publication of advertisements shall be construed accordingly;
"the Authority" (監管局) means the Estate Agents Authority;
"building" (建築物) has the meaning assigned to it in section 2 of the Buildings Ordinance (Cap l23);
"certified public accountant (practising)" (執業會計師 ) has the meaning assigned to it in the Professional

Accountants Ordinance (Cap 50); (Replaced 23 of 2004 s. 56)
"the Chairman" (主席) means the Chairman of the Authority and any other person when acting as the Chairman;
"the Chief Executive Officer" (行政總裁) means the Chief Executive Officer of the Authority for the time being

appointed under section 11 and any other person when acting as the Chief Executive Officer;
"client" (客戶) means any person who whether on his own behalf or on behalf of another person retains or otherwise

uses the services of, or otherwise engages or employs, an estate agent;
"committee" (委員會) means a committee established under section 8;
"company" (公司) means a company within the meaning of the Companies Ordinance (Cap 622) and in addition it

includes any body corporate- (Amended 28 of 2012 ss. 912 & 920)
(a) incorporated or otherwise established by or under any other Ordinance;
(b) incorporated or otherwise established outside Hong Kong;

"data equipment" (數據設備) means any equipment which-
(a) automatically processes information;
(b) automatically records or stores information;
(c) can be used to cause information to be automatically recorded, stored or otherwise processed on other

equipment (wherever situated);
(d) can be used to retrieve information, whether the information is recorded or stored in the equipment

itself or in other equipment (wherever situated);
"data material" (數據材料) includes-

(a) any disc, tape or other device in which data other than visual images are embodied so as to be capable,
with or without the aid of data equipment or other equipment, of being reproduced or otherwise
retrieved from the disc, tape or other device; and

(b) any film, tape or other device in which visual images are embodied so as to be capable, with or without
the aid of data equipment or other equipment, of being reproduced or otherwise retrieved from the
film, tape or other device;

"designated"(指定) means designated by the Authority pursuant to section 17(1)(b);
"development" (發展) means a development involving the construction of a new building;



Cap 511 - ESTATE AGENTS ORDINANCE 3

"disciplinary committee" (紀律委員會) means a committee established as a standing committee under section 8(1)
for the purposes of performing the function of a disciplinary committee under sections 29 and 30;

"disposition" (處置) means an act by a person whereby an interest he has in or over a property is affected, and
"acquisition" (取得), in relation to a property, shall be construed accordingly;

"estate agency agreement" (地產代理協議) means 1 or more written documents embodying the terms agreed for the
time being between an estate agent and a client of such agent being terms on and subject to which estate agency
work is to be done by such agent for the client, as from time to time varied or supplemented by an agreement
made in accordance with regulations made under section 46(4);

"estate agency work" (地產代理工作), subject to subsection (3), means any work done in the course of business for
a client-

(a) being work done in relation to the introduction to the client of a third person who wishes to acquire or
dispose of a property, or to the negotiation for the acquisition or disposition of a property by the client;
or

(b) being work done, after the introduction in the course of that business to the client of a third person who
wishes to acquire or dispose of a property or the negotiation in the course of that business for the
acquisition or disposition of a property by the client, in relation to the acquisition or disposition, as the
case may be, of the property by the client;

"estate agent" (地產代理), subject to subsection (3), means a person who in the course of a business (whether or not
he carries on that or any other business) does estate agency work;

"estate agent's licence" (地產代理牌照), except in section 17(1)(b), means a licence granted under section 17 and
designated as being an estate agent's licence and includes any such licence which is renewed under section 23;

"financial year" (財政年度) means the period between the commencement of section 12 and the next following 31
March (inclusive), and thereafter-

(a) each succeeding period of 12 months ending on 31 March; or
(b) such other period as the Financial Secretary may determine in writing;

"group of companies" (公司集團) means a group of companies within the meaning of the Companies Ordinance
(Cap 622); (Amended 28 of 2012 ss. 912 & 920)

"land" (土地) has the meaning assigned to it by section 2 of the Conveyancing and Property Ordinance (Cap 219),
and this definition also applies to property outside Hong Kong;

"lease" (租契) includes sub-lease, tenancy and sub-tenancy and it also includes an agreement for a lease where a party
to the agreement is entitled to have a lease granted;

"licence" (牌照), except when the context otherwise requires, means an estate agent's licence or a salesperson's
licence, and includes a provisional licence, and "licensee" (持牌人) shall be construed accordingly;

"licensed estate agent" (持牌地產代理) means a person who is the holder of an estate agent's licence;
"licensed salesperson" (持牌營業員) means a person who is the holder of a salesperson's licence;
"manager" (經理) means a manager appointed under section 38(1);
"occupation permit" (佔用許可證) means an occupation permit, including a temporary occupation permit, issued by

the Building Authority under section 21(2) of the Buildings Ordinance (Cap 123);
"prescribed" (訂明) means prescribed by regulation under this Ordinance and made with the Secretary's approval;
"property" (物業), except in section 6(2)(a), means an interest in land;
"provisional licence" (臨時牌照) means a licence granted under section 23(3);
"purchaser" (買方) means any person to whom a property is or is to be disposed of, and includes a prospective tenant;
"record" (紀錄) includes data material;
"the register" (登記冊), except in section 10, means the register established and maintained by the Authority under

section 13;
"registered address" (登記地址) means a registered address for the purposes of this Ordinance;
"salesperson" (營業員) means an individual who in the course of his employment by, or as a director of, an estate

agent does estate agency work;
"salesperson's licence" (營業員牌照), except in section 17(1)(b), means a licence granted under section 17 and



Cap 511 - ESTATE AGENTS ORDINANCE 4

designated as being a salesperson's licence and includes any such licence which is renewed under section 23;
"Secretary" (局長) means the Secretary for Transport and Housing; (Replaced L.N. 106 of 2002. Amended L.N. 130

of 2007)
"tenant" (租客) includes a sub-tenant;
"unexecuted" (未簽立) includes partly executed;
"unexecuted estate agency agreement" (未簽立的地產代理議) means 1 or more written documents embodying the

terms of a prospective estate agency agreement, or 1 or more written documents embodying a prospective
agreement which, if executed, would supplement or otherwise vary an estate agency agreement and "unexecuted
such agreement" (該未簽立的協議) shall be construed accordingly;

"vendor" (賣方) means any person by whom a property is or is to be disposed of, and includes a prospective landlord;
"the Vice-chairman" (副主席) means the Vice-chairman of the Authority and any other person acting as the Vice-

chairman.
(Amended 23 of 2004 s. 56)

(2) This Ordinance does not apply to anything done-
(a) by an executor, administrator, trustee, liquidator, receiver, trustee or assignee of a bankrupt for the

purposes of or in connection with the performance of his functions as such;
(b) in the course of practising his profession by a solicitor, a notary public, an architect or a certified

public accountant (practising) or by any person employed by him and acting in furtherance of that
course; (Amended 23 of 2004 s. 56)

(c) by any person in connection with a mortgage or other charge on property, whether done as regards its
creation, transfer, assignment or otherwise;

(d) in connection with the publication of advertisements or the dissemination of information by any person
who does no other work which falls within the definition of "estate agency work" in subsection (1);

(e) by any person as the vendor or purchaser, or where there is more than 1 vendor or purchaser, a vendor
or purchaser of a property in connection with-
(i) where the person is the vendor or a vendor of the property, the disposition of the property;
(ii) where the person is the purchaser or a purchaser of the property, the acquisition of the property;

(f) by any person in connection with a property pursuant to instructions received by him in the course of
his employment, in so far as such thing would have been within the scope of paragraph (e) if done by
his employer;

(g) by a company in connection with the disposition of a property within the meaning of subsection (4), if-
(i) the company is a member of the same group of companies of which the vendor or, where there is

more than 1 vendor, a vendor of the property is also a member;
(ii) the company, or a member of the same group of companies of which the company is a member,

is a beneficial owner of any of the issued share capital of the vendor or, where there is more than
1 vendor, a vendor of the property; or

(iii) pursuant to a development agreement within the meaning of subsection (4) which is for the time
being in force and entered into by the vendor or, where there is more than 1 vendor, the vendors
of the property in relation to the property-
(A) the company is to undertake or has undertaken for the vendor or the vendors, as the case

may be, the development which is the subject of the development agreement, whether with
other companies or not;

(B) a member of the same group of companies of which the company is a member is to
undertake or has undertaken for the vendor or the vendors, as the case may be, the
development which is the subject of the development agreement, whether with other
companies or not; or

(C) the company, or a member of the same group of companies of which the company is a
member, is a beneficial owner of any of the issued share capital of the company which is to
undertake or has undertaken for the vendor or the vendors, as the case may be, the
development which is the subject of the development agreement, whether with other
companies or not;

(h) by any person is connection with a property pursuant to instructions received by him in the course of
his employment, in so far as such thing would have been within the scope of paragraph (g) if done by



Cap 511 - ESTATE AGENTS ORDINANCE 5

his employer; or
(i) by any person in relation to a present, prospective or former employee of his or of any person by

whom he also is employed if the thing is done by reason of the employment (whether past, present or
future),

but this subsection shall not be construed as limiting the scope of section 46(5) or that section as applied by section
36(6).

(3) For the avoidance of doubt it is hereby declared that-
(a) references in this Ordinance to estate agency work are not to be construed as including references to

work which relates solely to a survey, to a valuation or to a disposition by way of auction or tender;
and

(b) references in this Ordinance to an estate agent without qualification are not to be construed as
including references either to a salesperson or to an auctioneer.

(4) For the purposes of subsection (2)-
(a) a reference to a property within the meaning of this subsection shall be a reference to a property which

comprises a specified number of undivided shares in any area of land situated in Hong Kong, together
with a right to the exclusive possession of a unit or other interest in a development of that area of land
where-
(i) the development of that area of land has been or is to be undertaken by the vendor or, where

there is more than 1 vendor, the vendors of the property as owner of that area of land (whether
with other companies or not), or by other company or companies for the vendor or the vendors,
as the case may be, pursuant to an agreement, however described, entered into by the vendor or
the vendors, as the case may be (whether with other companies or not) for the development of
that area of land; and

(ii) no assignment or other instrument, other than that in favour of the vendor, or where there is more
than 1 vendor, the vendors of the property, has been executed by way of completion of the sale
and purchase of the property as such;

(b) a reference to a development agreement within the meaning of this subsection, in relation to a
property, shall be a reference to an agreement, however described, entered into for the development of
the area of land referred to in paragraph (a) in relation to that property;

(c) a reference to employment shall be a reference to employment under a contract of employment.

Section: 3 Exemptions L.N. 411 of 1997 08/08/1997


(1) The Authority may, with the approval of the Secretary, by order exempt any class or description of persons
specified by it in the order from all of the provisions of this Ordinance or, as the case may be, from any 1 or more of
such provisions as are so specified.

(2) The Authority shall cause an order under this section to be published in the Gazette.
(3) The provisions of this section are in addition to those of section 2(2).


Part: II ESTATE AGENTS AUTHORITY L.N. 411 of 1997 08/08/1997




Section: 4 The Authority L.N. 411 of 1997 08/08/1997


(1) There is hereby established a body to be known in the English language as the Estate Agents Authority and
in the Chinese language as "地產代理監管局".

(2) The Authority shall be a body corporate.
(3) The provisions contained in the Schedule apply to the Authority.


Section: 5 Principal functions of the Authority L.N. 411 of 1997 08/08/1997


The principal functions of the Authority are-
(a) to regulate and control the practice of estate agents and salespersons;
(b) to take such action as the Authority considers appropriate or necessary to promote integrity and



Cap 511 - ESTATE AGENTS ORDINANCE 6

competence amongst, or maintain or enhance the status of, estate agents and salespersons; and
(c) if it thinks fit, to liaise with educational institutions and training bodies for the purposes of the

provision by or on behalf of such institutions or bodies of training courses which are designed to
ensure competency or establish standards of conduct or which are otherwise relevant to estate agency
work.


Section: 6 General powers, etc. of the Authority L.N. 411 of 1997 08/08/1997


(1) The Authority may do such things as are expedient for or conducive to the performance of its functions or
which, in the opinion of the Authority, are necessary to facilitate the proper performance of those functions.

(2) Without affecting the generality of subsection (1), the Authority may-
(a) acquire, hold and dispose of property of any kind including land and grant leases of land (including

parts of buildings);
(b) to such extent as it considers expedient, invest any of its moneys which are available for investment in

such classes or descriptions of investment as the Financial Secretary may in writing specify for the
purposes of this paragraph;

(c) subject to the approval of the Financial Secretary, borrow moneys, in such manner and on such terms
and conditions as it thinks fit;

(d) accept gifts whether subject to any trust or other condition or not;
(e) settle any dispute referred to the Authority for determination under section 49.


Section: 7 Directions by Chief Executive L.N. 411 of 1997;

44 of 2000
08/08/1997



Remarks:
Adaptation amendments retroactively made - see 44 of 2000 s. 3


(1) The Chief Executive may, if he considers the public interest so requires, give to the Authority such written
general directions as to the performance of any of its functions as he considers appropriate.

(2) The Authority shall, as soon as practicable, comply with any direction under this section.
(3) A direction under this section shall remain in force until it is withdrawn by the Chief Executive.
(4) Nothing in this section shall be construed as enabling the Chief Executive to exercise any power or control

in relation to-
(a) any particular application or other matter with which the Authority or a committee is concerned; or
(b) any particular case with which a tribunal appointed under section 32(6) is concerned or which is

pending.
(Amended 44 of 2000 s. 3)


Section: 8 Authority may establish committees L.N. 411 of 1997 08/08/1997


(1) The Authority may establish any committee, whether as a standing committee or otherwise, and, besides
exercising as regards such a committee the power conferred on the Authority by section 9, may refer or assign any
matter for consideration by the committee.

(2) (a) Each of the members of a committee shall be appointed by the Authority.
(b) A committee shall consist of at least 3 members.
(c) (i) Subject to subparagraph (ii), a committee may include persons who are not members of the

Authority.
(ii) A majority of the members of a committee established by the Authority as a standing committee

shall be members of the Authority.
(d) Where a committee is established, the Authority shall appoint a person to be the chairman of that

committee.
(3) A committee may be dissolved at any time by the Authority by resolution.
(4) Any reference or assignment under subsection (1) and every appointment under subsection (2) may be

withdrawn or revoked by the Authority, and no such reference or assignment shall prevent or restrict the concurrent
performance by the Authority of any of its functions.



Cap 511 - ESTATE AGENTS ORDINANCE 7

(5) A committee may regulate its own procedure and business.

Section: 9 Delegation and sub-delegation of Authority's functions L.N. 411 of 1997 08/08/1997


(1) The Authority may delegate any of the Authority's functions, other than a function specified in subsection
(3), to a committee, the Chief Executive Officer or any other officer of the Authority.

(2) (a) A delegation under this section shall not prevent or restrict the concurrent performance by the
Authority of the function delegated.

(b) A delegation under this section may contain terms and conditions relating to the performance of the
function delegated.

(3) The functions which the Authority may not delegate under subsection (1) are-
(a) the power to delegate conferred by subsection (1);
(b) the appointment of a committee under section 8;
(c) a power conferred by section 11(2) or (3) or 56 or any other regulation making power conferred on the

Authority by this Ordinance.
(4) The Authority may revoke a delegation under this section.
(5) Where a person purports to act pursuant to a delegation under this section, he shall be presumed, until the

contrary is proved, to be acting in accordance with the terms and conditions of the delegation.

Section: 10 Disclosure of interest, etc. L.N. 411 of 1997 08/08/1997


(1) (a) As soon as practicable after appointment to membership or as and when occasion may thereafter
require, a member of the Authority (including the Chairman and Vice-chairman) shall declare to the
Authority in such manner as is for the time being determined by the Authority (whether by standing
orders or otherwise) any interest of his which is of a class or description so determined.

(b) The Authority shall establish and maintain a register for the purposes of this subsection in such form as
the Authority shall decide.

(c) Where a member of the Authority has declared any interest under this subsection, the Authority shall-
(i) where no particulars in respect of such member has been entered in the register established and

maintained under paragraph (b), cause the name of the member, together with the particulars of
all interests so declared, to be entered in the register in such manner as the Authority shall
determine;

(ii) where particulars in respect of such member have been entered in the register established and
maintained under paragraph (b), cause the particulars of all interests so declared to be entered in
the register by amending or adding to the particulars already entered in the register in such
manner as the Authority shall determine.

(d) The Authority shall make the register established and maintained under paragraph (b) available for
public inspection at such reasonable time as the Authority shall determine.

(2) A member of the Authority (including the Chairman and Vice-chairman) who is in any way directly or
indirectly interested in a contract made or proposed to be made by the Authority, or in any other matter whatsoever
which is to be considered, decided or determined by the Authority, shall comply with the following requirements-

(a) he shall (if present) disclose to the relevant meeting of the Authority the nature of his interest (and
such disclosure shall be recorded in the minutes of the meeting);

(b) he shall withdraw from the meeting while the matter is being discussed or considered unless-
(i) if he is not the person presiding at such meeting of the Authority, he is permitted by the person so

presiding to take part in such discussion or consideration; or
(ii) if he is the person so presiding, a majority of the other members present at the meeting decides so

to permit him;
(c) he shall not vote or otherwise act as a member of the Authority in relation to the matter unless

otherwise permitted; and
(d) he shall neither influence nor seek to influence a decision of the Authority as regards the matter

otherwise than with the Chairman's prior approval or in accordance with paragraph (b).
(3) Where a disclosure is made under subsection (2) and the person concerned is neither required to withdraw

from the relevant meeting nor permitted to vote, then for so long as the matter to which the disclosure relates is being
discussed or otherwise considered at such meeting the presence of the person by whom the disclosure was made shall



Cap 511 - ESTATE AGENTS ORDINANCE 8

be disregarded for the purposes of forming a quorum for the meeting.
(4) The validity of any proceedings of the Authority shall not be affected by the failure by a member of the

Authority to comply with a provision of this section.

Section: 11 Staff of Authority, consultants L.N. 411 of 1997 08/08/1997


(1) The Authority may appoint any person as it thinks fit to be its Chief Executive Officer or other officers or
employees.

(2) Each of the Authority's officers (including the Chief Executive Officer) and the other employees of the
Authority shall, as regards their employment, be paid such remuneration and allowances and shall hold their offices or
employment on such other terms and conditions as the Authority may determine.

(3) The Authority may make arrangements for or in respect of the provision and maintenance of such schemes
(whether contributory or not) for the payment to or in respect of its employees of such retirement benefits, gratuities or
other superannuation allowances as it may determine.

(4) The Authority may from time to time engage such consultants or advisers as it may consider necessary or
expedient.

Section: 12 Accountants and audits, Authority's report L.N. 411 of 1997 08/08/1997


(1) (a) The Authority shall keep proper accounts and records of its transactions and shall within 3 months
after the expiry of a particular financial year, or such longer period as the Secretary may allow, prepare
a statement of accounts.

(b) A statement of accounts referred to in paragraph (a) shall include an income and expenditure account
for the financial year to which it relates and a balance sheet as on the last day of that financial year.

(2) A statement of accounts referred to in subsection (1)(a) shall give a true and fair view of the state of affairs
of the Authority as at the end of the financial year to which the statement relates.

(3) A statement of accounts referred to in subsection (1)(a) shall be audited by an auditor who shall make a
written report thereon to the Authority.

(4) The auditor by whom an audit required by subsection (3) is to be carried out shall be appointed by the
Authority and any such appointment shall be subject to the Secretary's approval.

(5) The Authority shall within 2 months of the receipt by it of the auditor's report in respect of its accounts for a
particular financial year, or such longer period as the Secretary may allow, and in any event not later than 6 months
after the expiration of that financial year unless the Secretary otherwise allows, furnish to the Secretary-

(a) a report on the affairs of the Authority for that financial year;
(b) a copy of its statement of accounts for that financial year; and
(c) a copy of the auditor's report for that financial year,

and the Secretary shall cause copies thereof to be laid on the table of the Legislative Council.
(6) Nothing in this section shall be construed as affecting section 15 of the Audit Ordinance (Cap 122).


Part: III REGISTRATION AND LICENSING L.N. 330 of 1998 21/10/1998




Section: 13 The register L.N. 330 of 1998 21/10/1998


(1) The Authority shall establish and maintain a register for the purposes of this Ordinance in such form as the
Authority shall decide.

(2) The register shall contain-
(a) the following particulars as regards every licence granted under this Ordinance-

(i) the name of the person to whom the licence was granted;
(ii) the period or periods for which the licence was granted, including the period or periods (if any)

for which the licence was renewed;
(iii) if the licence is suspended, the period during which it is suspended; and
(iv) if the licence is revoked, the date of revocation;

(b) separate lists of-



Cap 511 - ESTATE AGENTS ORDINANCE 9

(i) the individuals to whom estate agent's licences have been granted, being licences which are for
the time being in force, together with the registered addresses of those individuals;

(ii) the companies to which estate agent's licences have been granted, being licences which are for
the time being in force, together with the registered addresses of those companies;

(iii) the individuals to whom salesperson's licences have been granted, being licences which are for
the time being in force, together with the registered addresses of those individuals; and

(c) such other particulars (if any) as may be prescribed.
(3) The Authority may at any time publish, in such manner as it considers appropriate, the names and registered

addresses of the companies or other persons who are for the time being registered in the register, or the names and
addresses of a particular class of companies or other persons who are so registered.

(4) (a) A document, signed by the Chief Executive Officer and certified by him as being a true copy of or
extract from any part of the register shall, until the contrary is proved, be evidence of the particulars
entered in the part of the register to which the document so signed and certified relates.

(b) It shall not be necessary in legal proceedings either to prove a signature on a document referred to in
paragraph (a) or to prove that such a signature is that of the person holding the office of Chief
Executive Officer on the date of the document.

(5) The Authority shall make the register available for public inspection, at such reasonable time as the
Authority shall determine, on payment of a prescribed fee.

(6) Where a person applies to the Authority for a copy of or extract from any part of the register to be signed
and certified as described in subsection (4), the Authority shall furnish the person with the copy or extract sought on
payment of the prescribed fee (if any).

Section: 14 Registered address L.N. 163 of 2013 03/03/2014


(1) Subject to subsection (4), every licensee shall have an address in Hong Kong to which all communications
and all notices may be sent.

(2) The registered address shall be stated in an application for the grant or renewal of a licence.
(3) (a) Where an address ceases to be the registered address of a licensee, the licensee shall within the period

of 14 days beginning on such cesser, notify the Authority in writing of another address to which all
communications and notices may be sent.

(b) Where the Authority receives a notification referred to in paragraph (a), it shall cause the address
referred to in the notification to be entered appropriately in the register and thereupon that address
shall be the registered address of the licensee by whom or on whose behalf the notification was sent to
the Authority.

(4) In the case of a company within the meaning of the Companies Ordinance (Cap 622), the registered office
for the time being of the company shall be the registered address of the company for the purposes of subsection (1).
(Amended 28 of 2012 ss. 912 & 920)

Section: 15 Estate agents to be licensed L.N. 390 of 1998 01/01/1999


(1) Subject to this Ordinance, an individual shall not, either by himself or as a member of a partnership-
(a) exercise or carry on or advertise, notify or state that he exercises or carries on, or is willing to exercise

or carry on, the business of doing estate agency work as an estate agent; or
(b) act as an estate agent; or
(c) in any way hold himself out to the public as being ready to undertake, whether or not for payment or

other remuneration (whether monetary or otherwise), estate agency work as an estate agent,
unless he is a licensed estate agent.

(2) Subject to this Ordinance, a company shall not-
(a) exercise or carry on or advertise, notify or state that it exercises or carries on, or is willing to exercise

or carry on, the business of doing estate agency work as an estate agent; or
(b) act as an estate agent; or
(c) in any way hold itself out to the public as being ready to undertake, whether or not for payment or

other remuneration (whether monetary or otherwise), estate agency work as an estate agent,
unless it is a licensed estate agent.




Cap 511 - ESTATE AGENTS ORDINANCE 10

Section: 16 Salespersons to be licensed L.N. 390 of 1998 01/01/1999


(1) Subject to this Ordinance-
(a) unless he is the holder of a licence, a person shall not be or act as a salesperson for any licensed estate

agent, nor shall he hold himself out to the public as being a salesperson;
(b) a person shall neither accept employment or an appointment as a salesperson from, nor act as a

salesperson for, any other person who is required by this Ordinance to hold, but is not the holder of, an
estate agent's licence.

(2) Subsection (1) shall not be construed as-
(a) requiring any licensed salesperson, by reason only of the fact that he does estate agency work solely as

a salesperson, to hold an estate agent's licence; or
(b) requiring any licensed estate agent to hold a salesperson's licence.


Section: 17 Licences and conditions L.N. 330 of 1998 21/10/1998


(1) (a) The Authority may grant licences for the purposes of this Ordinance.
(b) Where a licence is granted, the Authority shall designate the licence as being either an estate agent's

licence or a salesperson's licence.
(2) A licence granted for the purposes of this Ordinance is not transferable.
(3) The Authority may attach to a licence such conditions as it considers appropriate and conditions so attached

to a licence may include conditions prescribed under section 56.
(4) Any conditions attached to a licence under this section shall be specified in the licence.


Section: 18 Right to grant of licences L.N. 330 of 1998 21/10/1998


(1) Notwithstanding sections 19, 20 and 21, where, within the relevant period-
(a) an individual or company makes an application for the grant of an estate agent's licence to take effect

at any time after the grant thereof and within the relevant period; or
(b) an individual makes an application for the grant of a salesperson's licence to take effect at any time

after the grant thereof and within the relevant period,
then, subject to subsection (2) and to payment of the prescribed fee and, in the case of an individual, provided he has
attained the age of 18 years and in any case, provided also that the applicant has complied with any requirement
prescribed under section 56(1)(d) which is applicable to him or it, the applicant shall be entitled to be granted the
licence sought.

(2) (a) No person making an application in accordance with subsection (1) shall be entitled to be granted the
licence sought in the application unless the Authority considers that-
(i) the person is a fit and proper person to hold the licence; and
(ii) in the case of a company making an application for the grant of an estate agent's licence, each of

the company's directors for the time being is a fit and proper person for the purposes of this
Ordinance.

(b) In determining whether a person is fit and proper for the purposes of paragraph (a)(i) the Authority
shall have regard to-
(i) in the case of an individual making an application for the grant of an estate agent's licence, the

matters described in section 19(2)(a), (c) and (d);
(ii) in the case of a company making an application for the grant of an estate agent's licence, the

matters described in section 20(2)(a);
(iii) in the case of an individual making an application for the grant of a salesperson's licence, the

matters described in section 21(3)(c).
(c) In determining whether a person who is a director of a company making an application for the grant of

an estate agent's licence is a fit and proper person for the purposes of this Ordinance, the Authority
shall have regard to the matters described in section 20(3)(a), (c) and (d).

(3) In this section "the relevant period" (有關期間) means the period determined for the purposes of this
section by the Authority with the prior approval of the Secretary and specified in a notice published in the Gazette.




Cap 511 - ESTATE AGENTS ORDINANCE 11

Section: 19 Grant of estate agent's licences to individuals restricted L.N. 330 of 1998 21/10/1998


(1) An individual shall not be eligible to be granted or hold or continue to hold an estate agent's licence unless-
(a) he has attained the age which is for the time being prescribed for the purposes of this subsection;
(b) he satisfies the Authority-

(i) that he has a good understanding of any regulations made for the time being under section
56(1)(j) and which apply to a licensed estate agent;

(ii) that he has the educational qualifications or experience or both prescribed for the time being
under section 56(1)(d) and which apply to him; and

(iii) that he complies with such other requirements (if any) as are prescribed for the time being under
section 56(1)(g) and which apply to him; and

(c) the Authority otherwise considers him a fit and proper person to hold an estate agent's licence.
(2) In determining whether or not a person is fit and proper for the purpose of holding an estate agent's licence,

the Authority shall have regard to the following-
(a) the fact that the person is an undischarged bankrupt, or has, within the 5 years immediately prior to the

day on which the Authority considers, or, where appropriate, begins to consider the matter, made a
composition or scheme of arrangement with his creditors;

(b) the fact that the person is a director or officer of a company which is for the time being disqualified
under this Ordinance for holding a licence, or was a director or officer of that company at the date
when the company was so disqualified;

(c) the fact that the person is a mentally disordered person or a patient within, in either case, the meaning
of section 2 of the Mental Health Ordinance (Cap 136);

(d) any conviction, whether in Hong Kong or elsewhere, of the person for any offence (other than an
offence under this Ordinance), being a conviction as regards which it was necessary to find that the
person acted fraudulently, corruptly or dishonestly; and

(e) any conviction of the person under this Ordinance in respect of which he has been sentenced to
imprisonment, whether the sentence is suspended or not.


Section: 20 Grant of estate agent's licences to companies restricted L.N. 330 of 1998 21/10/1998


(1) A company shall not be eligible to be granted or to hold or continue to hold an estate agent's licence unless-
(a) not less than a prescribed number or proportion of the company's directors are, and each of its directors

who is engaged in its business as an estate agent is, a licensed estate agent;
(b) there is for the time being a licensed estate agent who is in effective control of the company's business

as an estate agent;
(c) each of the company's directors for the time being is, in the opinion of the Authority, a fit and proper

person for the purposes of this Ordinance;
(d) the Authority is satisfied that the company complies with such other requirements (if any) as are

prescribed for the time being under section 56(1)(g) and which apply to the company; and
(e) the Authority otherwise considers the company a fit and proper person to hold an estate agent's licence.

(2) In determining whether a company is fit and proper for the purpose of holding an estate agent's licence, the
Authority shall have regard to the following-

(a) the fact that the company is in liquidation or is the subject of a winding-up order, or there is a receiver
appointed in relation to it, or it has, within the 5 years immediately prior to the day on which the
Authority considers, or, where appropriate, begins to consider the matter, entered into a composition or
scheme of arrangement with its creditors; and

(b) any conviction of the company under this Ordinance.
(3) In determining whether a person who is a director of a company referred to in subsection (1) is a fit and

proper person for the purposes of this Ordinance, the Authority shall have regard to the following-
(a) the fact that-

(i) where the person is an individual, such individual is an undischarged bankrupt, or has, within the
5 years immediately prior to the day on which the Authority considers, or, where appropriate,
begins to consider the matter, made a composition or scheme of arrangement with his creditors;
or

(ii) where the person is a company, such company is in liquidation or is the subject of a winding-up



Cap 511 - ESTATE AGENTS ORDINANCE 12

order, or there is a receiver appointed in relation to it, or that it has, within the 5 years specified
in subparagraph (i), entered into a composition or scheme of arrangement with its creditors;

(b) the fact that the person is a director or officer of a company which is for the time being disqualified
under this Ordinance for holding a licence, or was a director or other officer of that company at the
date when the company was so disqualified;

(c) the fact that the person is a mentally disordered person or a patient within, in either case, the meaning
of section 2 of the Mental Health Ordinance (Cap 136);

(d) any conviction, whether in Hong Kong or elsewhere, of the person for any offence (other than an
offence under this Ordinance), being a conviction as regards which it was necessary to find that the
person acted fraudulently, corruptly or dishonestly; and

(e) any conviction of the person under this Ordinance in respect of which he has been sentenced to
imprisonment, whether the sentence is suspended or not.


Section: 21 Grant of salesperson's licences restricted L.N. 330 of 1998 21/10/1998


(1) A salesperson's licence shall not be granted to a body of persons, whether corporate or unincorporate.
(2) An individual shall not be eligible to be granted or hold or continue to hold a salesperson's licence unless-

(a) he has attained the age which is for the time being prescribed for the purposes of this subsection;
(b) he satisfies the Authority-

(i) that he has a good understanding of any regulations made for the time being under section
56(1)(j) and which apply to a licensed salesperson;

(ii) that he has the educational qualifications or experience or both prescribed for the time being in
regulations under section 56(1)(d) and which apply to him; and

(iii) that he complies with such other requirements (if any) as are prescribed for the time being in
regulations under section 56(1)(g) and which apply to him; and

(c) the Authority otherwise considers him a fit and proper person to hold a salespersons licence.
(3) In determining whether a person is fit and proper for the purpose of holding a salesperson's licence, the

Authority shall have regard to the following-
(a) the fact that the person is an undischarged bankrupt, or has, within the 5 years immediately prior to the

day on which the Authority considers, or, where appropriate, begins to consider the matter, made a
composition or scheme of arrangement with his creditors;

(b) the fact that the person is a director or officer of a company which is for the time being disqualified
under this Ordinance for holding a licence, or was a director or officer of that company at the date
when the company was so disqualified;

(c) the fact that the person is a mentally disordered person or a patient within, in either case, the meaning
of section 2 of the Mental Health Ordinance (Cap 136);

(d) any conviction, whether in Hong Kong or elsewhere, of the person for any offence (other than an
offence under this Ordinance), being a conviction as regards which it was necessary to find that the
person acted fraudulently, corruptly or dishonestly; and

(e) any conviction of the person under this Ordinance in respect of which he has been sentenced to
imprisonment, whether the sentence is suspended or not.


Section: 22 Applications for grant of licences L.N. 330 of 1998 21/10/1998


(1) An application for the grant of a licence shall be made to the Authority in the prescribed manner and be in
the prescribed form and it shall also contain such particulars (if any) as are prescribed under section 56(1)(b) and
apply in relation to it.

(2) Where a licence is granted under this Ordinance, the Authority shall cause notice thereof to be published in
the Gazette.

Section: 23 Renewal of licences L.N. 330 of 1998 21/10/1998


(1) A licensee may apply in the prescribed manner to the Authority to renew the relevant licence.
(2) Where an application is allowed under this section, subject to compliance with any regulations under

section 56 which are relevant to the application, the Authority may in allowing the application do all or any of the



Cap 511 - ESTATE AGENTS ORDINANCE 13

following, namely, vary or remove conditions already attached to the licence or attach new conditions to the licence.
(3) Pending the determination of an application under this section, the Authority shall, where the licence whose

renewal is sought has expired, grant a provisional licence to the applicant and whether or not conditions were attached
to the licence whose renewal is sought, the Authority when granting such a provisional licence may attach thereto such
conditions (if any) as it considers appropriate.

(4) Where an application under this section is allowed, the Authority shall cause notice thereof to be published
in the Gazette.

(5) (a) An application under subsection (1) may, and may only, be made before the licence in respect of which
renewal is sought expires.

(b) Where an application under this section is allowed, the period of renewal shall be such as the Authority
specifies when allowing the application and such period shall begin to run or, where appropriate, shall
be deemed to have begun to run, immediately after the day on which the relevant licence would
otherwise have expired.


Section: 24 Refusal of application for licence or renewal L.N. 330 of 1998 21/10/1998


(1) The Authority may refuse an application for the grant or renewal of a licence if, and only if it is satisfied
that any 1 or more of the requirements of such of the following as apply in the particular case, namely, section 18, 19,
20, 21 or 22, are not met or complied with by the applicant or that any 1 or more of such requirements or other
provisions of regulations under this Ordinance as are relevant to the application are not complied with or otherwise
satisfied.

(2) Where an application for the grant or renewal of a licence is refused, the Authority shall, within the period
of 21 days beginning on the date of the refusal, notify the applicant in writing of its decision and such notification
shall state the reasons for the decision.

Section: 25 Application for licence, etc. not to be made within

prescribed period
L.N. 330 of 1998 21/10/1998



(1) Where-
(a) an application for the grant or renewal of a licence is refused; or
(b) a licence is revoked by the Authority,

the applicant or, where appropriate, the former licensee shall not be entitled to make an application under section 22 or
23 within the period prescribed for the purposes of this section.

(2) Notwithstanding subsection (1), the Authority may allow an application under section 22 or 23 within the
period prescribed for the purposes of this section if, and only if, it is satisfied by the applicant that to refuse to allow
the application would, having regard to the particular circumstances of the case, be unreasonable.

(3) Subject to subsection (2), an applicant described in subsection (1) shall, during the period prescribed for the
purposes of this section, be regarded as being disqualified for holding a licence.

Section: 26 Form of licences, payment of licence fee and duration of

licences
L.N. 330 of 1998 21/10/1998



(1) A licence shall be in the prescribed form and shall not have effect unless and until the relevant prescribed
fee has been paid by or on behalf of the applicant for the licence.

(2) Subject to any regulation made in that regard under section 56, the period during which a licence is to be in
force shall be that specified in the licence.

Section: 27 Suspension or revocation of licences 32 of 2000 09/06/2000


(1) Subject to the provisions of this section, the Authority may suspend a licence for such a period of time as it
thinks fit, or revoke a licence.

(2) The Authority may suspend or revoke a licence-
(a) if in the case of an estate agent's licence, a notice is received under section 40(1);
(b) if in the case of a salesperson's licence, a notice is received under section 40(1) and if, and only if, the



Cap 511 - ESTATE AGENTS ORDINANCE 14

Authority considers that the relevant licensee is no longer a fit and proper person to hold a
salesperson's licence within the meaning of section 21(2)(c);

(c) if in the opinion of the Authority, the licensee has been generally doing estate agency work in a
manner which, in such opinion, is contrary to the public interest as perceived by it and if in such
opinion to permit him to continue so to do such work in such manner would be contrary to the public
interest as so perceived;

(d) if the relevant licensee is not eligible to hold or continue to hold the licence under section 19, 20 or 21,
or is not entitled to be granted the licence under section 18, as the case may be;

(e) if the relevant licensee has failed to pay any fee, charge or penalty charged or imposed under this
Ordinance, and the period within which it should have been paid has expired;

(f) if the relevant licensee has failed to comply with any of the conditions attached to the licence; or
(g) if the relevant licensee has contravened or failed to comply with any requirements or other provisions

of this Ordinance.
(3) (a) Where the Authority proposes to suspend or revoke a licence it shall give the relevant licensee written

notice of the proposal and the reasons for it.
(b) A notice under this subsection shall state that within the period of 21 days beginning on the date of the

notice, or within such longer period as the Authority may allow in the particular case, representations
regarding the proposed suspension or revocation, as the case may be, may be made in writing to the
Authority by or on behalf of the licensee concerned (which representations are hereby authorized to be
made).

(4) Where representations are made pursuant to subsection (3)(b), the Authority shall not suspend or revoke the
licence concerned without having considered the representations.

(5) (a) Where the Authority suspends or revokes a licence pursuant to this section, it shall-
(i) within the period of 21 days beginning on the date of the suspension or revocation, notify the

relevant licensee or, where appropriate, former such licensee, in writing of the decision and such
notice shall state the reasons for the Authority's decision together with, in the case of a
suspension, the period for which the relevant licence is suspended; and

(ii) publish notice of the decision in the Gazette.
(b) A suspension or revocation referred to in paragraph (a) shall take effect on the date of the relevant

notice under paragraph (a)(i), or such later date as may be specified in the notice, and such suspension
or revocation shall have effect as regards a particular case notwithstanding any 1 or more of the
following, namely, that the licensee concerned has appealed under section 31, that the time for the
making of such an appeal has not expired, or that a notice has not yet been published pursuant to
paragraph (a)(ii). (Amended 32 of 2000 s. 48)

(6) Where a licence is suspended under this section, the Authority may in its discretion shorten the period for
which the licence is suspended or lift the suspension.

(7) (a) Where the Authority shortens the period of suspension of a licence or lifts such a suspension, it shall-
(i) within the period of 21 days beginning on the date of its decision, notify the relevant licensee or,

where appropriate, the former such licensee in writing of the decision and such notice shall state
the period for which suspension of the relevant licence has been shortened; and

(ii) publish notice of the decision in the Gazette.
(b) The shortening of a period or the lifting of a suspension referred to in paragraph (a) shall take effect on

the date of the relevant notice under paragraph (a)(i) to the relevant licensee or, where appropriate, the
former such licensee, or such later date as may be specified in the notice, and such a shortening or
lifting shall have effect as regards a particular case notwithstanding the fact that such notice has not yet
been published pursuant to paragraph (a)(ii).

(8) Where any licence is suspended or revoked under this section, no fee or other sum paid in respect of the
grant or renewal of the licence shall be refunded.

Part: IV INVESTIGATIONS AND DISCIPLINE L.N. 390 of 1998 01/01/1999




Section: 28 Investigations 23 of 2004 08/09/2004


Remarks:



Cap 511 - ESTATE AGENTS ORDINANCE 15

Subsection (9)(b)(vi) has only come into operation since 1 November 1999.


(1) Where the Authority has reason to believe that a requirement or other provision of this Ordinance may not
have been complied with or, where appropriate, may have been contravened by a licensee, the Authority may appoint
in writing 1 or more of its employees, or 1 or more certified public accountants (practising), or both ("the
investigator") to conduct such investigation as the Authority considers necessary. (Amended 23 of 2004 s. 56)

(2) Where any matter is investigated under subsection (1), the licensee in relation to whom the investigation is
conducted is, for the purposes of this section, referred to as "the licensee under investigation".

(3) The Authority shall inform in writing the licensee under investigation the reasons for which the
investigation is conducted in relation to him as soon as reasonably practicable after the appointment of the
investigator.

(4) Any costs or expenses incurred by a person (other than an employee of the Authority) acting as the
investigator under this section shall be paid out of moneys provided by the Legislative Council.

(5) The licensee under investigation or any person who is reasonably believed or suspected by the investigator
to have in his possession or under his control any record or other document which contains, or which is likely to
contain, information relevant to an investigation under this section, or who is so believed or suspected of otherwise
having such information in his possession or under his control, shall-

(a) if reasonably required by the investigator, produce to the investigator, within such time and at such
place as he may reasonably require, any record or other document specified by the investigator or any
record or other document which is of a class or description so specified, which, in the investigator's
opinion in either case, is, or may be, relevant to the investigation, and which is in his possession or
under his control;

(b) if reasonably required by the investigator, give to him such explanation or further particulars in respect
of a record or other document produced in compliance with a requirement under paragraph (a) as the
investigator shall specify; and

(c) if reasonably required by the investigator, give to the investigator all assistance in connection with the
investigation which he is reasonably able to give.

(6) The investigator shall be furnished by the Authority with a copy of the appointment under subsection (1)
and shall, before exercising any power under this section, produce the copy to the person concerned for his inspection.

(7) (a) The investigator may, and if so directed by the Authority shall, make interim reports to the Authority,
and on the conclusion of his investigation shall make a final report to the Authority.

(b) In any final report made to the Authority under paragraph (a), the investigator shall make
recommendations to the Authority as to whether the exercise of powers under section 30 should be
considered.

(c) The Authority shall, as soon as reasonably practicable after the receipt of any final report made to it
under paragraph (a), inform the licensee under investigation, in such manner as the Authority thinks
fit, of-
(i) the result of the investigation;
(ii) any recommendations made by the investigator as to whether exercise of powers under section

30 should be considered; and
(iii) such other comments arising from the investigation as the Authority thinks fit to make.

(8) (a) Where the licensee under investigation or any other person is convicted by a court or magistrate on a
prosecution instituted as a result of an investigation under this section, the court or magistrate may
order him to pay to the Authority the whole or part of the costs or expenses of the investigation.

(b) Where an amount is paid to the Authority pursuant either to an order under paragraph (a) or to an order
under section 30(1)(vii) ("the first amount") and costs or expenses are or are to be paid pursuant to
subsection (4) ("the second amount"), the Authority shall pay to the Financial Secretary an amount
equal to the second amount unless the first amount is less than the second amount in which case it shall
so pay an amount equal to the first amount.

(9) (a) Subject to paragraph (b) and except in the performance of a function under this section, the
investigator and the Authority and any person who performs or assists the investigator or the Authority
in the performance of a function under this section shall maintain confidentiality in respect of all
matters and information produced or given or otherwise furnished for the purposes of an investigation
under this section.

(b) Nothing in paragraph (a) shall prevent the disclosure of information-



Cap 511 - ESTATE AGENTS ORDINANCE 16

(i) with a view to the institution or otherwise for the purposes of any criminal proceedings or any
investigation in connection therewith, whether under this Ordinance or otherwise, in Hong Kong;

(ii) in connection with any civil proceedings to which the Authority is a party;
(iii) in connection with any inquiry conducted pursuant to section 29;
(iv) in connection with the exercise of any power under section 30;
(v) in connection with any appeal conducted pursuant to section 31;
(vi) in connection with the proceedings of a determination of any dispute under section 49.

(10) Nothing in this section shall be construed as requiring an institution authorized to carry on banking business
or the business of taking deposits under the Banking Ordinance (Cap 155) to disclose any information or produce any
record or other document relating to the affairs of a customer to the investigator unless-

(a) the customer is a person whom the investigator has reason to believe may be able to give information
relevant to the investigation; and

(b) the Authority is satisfied that the disclosure or production is necessary for the purposes of the
investigation and certifies in writing that that is the case,

and, where the conditions in paragraphs (a) and (b) are met in respect of any such institution, such institution shall
comply with any provision of subsection (5) that applies in the particular case.

(11) In this section, "produce" (交出), in relation to any record or other document; includes produce by way of
supply of a reproduction of the record or other document, or, where the record or other document is kept otherwise
than in a legible form, produce by way of supply of a reproduction of the record or other document in a legible form.

Section: 29 Complaints L.N. 390 of 1998 01/01/1999


(1) A complaint that a licensee-
(a) has failed to comply with the requirements of, or has contravened, any 1 or more provisions of this

Ordinance with which he is required to comply and which are specified in the complaint;
(b) is not eligible to hold or continue to hold a licence under section 19, 20 or 21, or is not entitled to be

granted a licence under section 18, as the case may be;
(c) has failed to comply with a specified condition attached to his licence; or
(d) has failed to comply with, or has contravened, 1 or more regulations made under this Ordinance and

which are so specified,
shall be made to the Authority which may, in its discretion, deal with the matter itself or refer the matter to a
disciplinary committee.

(2) Where the Chief Executive Officer has reason to believe that subsection (1)(a), (b), (c) or (d) applies to a
licensee he shall submit the facts to the Authority which may, in its discretion, deal with the matter itself or refer the
matter to a disciplinary committee.

(3) The Authority or the disciplinary committee to which the matter is referred under subsection (1) or (2),
having considered the case, may in its discretion conduct such inquiry as it thinks fit.

Section: 30 Disciplinary powers L.N. 190 of 1999 01/11/1999


Remarks:
Subsection (4) has only come into operation since 1 November 1999.


(1) Where-
(a) (i) an investigator within the meaning of section 28 recommends to the Authority that exercise of

powers under this section should be considered; and
(ii) the Authority or, where the Authority refers the matter to a disciplinary committee, the

disciplinary committee accepts the recommendation; or
(b) (i) a complaint made under section 29(1) or a submission made under section 29(2) is considered by

the Authority or, as the case may be, a disciplinary committee; and
(ii) the Authority or, as the case may be, the disciplinary committee is satisfied that the complaint or

submission is well-founded,
the Authority or, where appropriate, the disciplinary committee may, subject to this section, exercise such of the
following powers as it considers appropriate-



Cap 511 - ESTATE AGENTS ORDINANCE 17

(i) admonish or reprimand the licensee concerned;
(ii) attach specified conditions to the licence concerned;
(iii) vary any condition already attached to such licence;
(iv) suspend such licence for a specified period not exceeding 2 years;
(v) revoke such licence;
(vi) impose a fine of a specified amount not exceeding $300000;
(vii) make such order as it thinks fit with regard to the payment of any 1 or more of the following, namely,

the whole or part of its costs regarding the proceedings, or, where a recommendation referred to in
paragraph (a) is made, the whole or part of the costs of the investigator by whom the recommendation
was made, or the whole or part of the costs of a complainant under section 29 or of the licensee
concerned.

(2) Before any power is exercised under subsection (1), the licensee concerned and any other person against
whom the power is exercised shall be given a reasonable opportunity of being heard.

(3) No power shall be exercised under subsection (1) against a licensee, if the licensee shows-
(a) in a case where subsection (1)(a) applies, that he had taken all reasonable steps and exercised all due

diligence to avoid the non-compliance or contravention which is the subject of the investigation in
question;

(b) in a case where subsection (1)(b) applies, that he had taken all reasonable steps and exercised all due
diligence to avoid the occurrence of the matter which is the subject of the complaint or submission (as
the case may be) in question.

(4) Without limiting the generality of subsection (3), where the investigation or the complaint or submission in
question relates to non-compliance with or contravention of section 36(1)(a)(ii), the licensee concerned shall, for the
purposes of that subsection, be regarded as having shown that he had taken all reasonable steps and exercised all due
diligence to avoid such non-compliance or contravention, if he shows that-

(a) he relied on information obtained from a source prescribed for the purposes of this subsection in
respect of such information;

(b) it was reasonable for him to have relied on such information; and
(c) he had taken all steps reasonably open to him to avoid the non-compliance or contravention.

(5) (a) Where any of the powers described are exercised, the Authority-
(i) shall within the period of 21 days beginning on the date of the relevant decision, notify in writing

the licensee and any other person against whom the decision is made of the decision and such
notice shall state the reasons for the decision together with, in case the licence concerned is
suspended, the period during which such licence is suspended; and

(ii) (A) shall, where any of the powers are exercised under any of the provisions of subsection
(1)(ii) to (v), publish notice of the decision in the Gazette;.

(B) may, where none of the powers are exercised under any of the provisions of subsection
(1)(ii) to (v), publish notice of the decision in such manner as it thinks fit.

(b) The exercise of a power referred to in paragraph (a) shall have effect on the date of the relevant notice
under paragraph (a)(i), or on such later date as may be specified in the notice, and such exercise shall
have effect as regards a particular case notwithstanding any 1 or more of the following, namely, that
the relevant licensee has appealed under section 31, that the time for making such an appeal has not
expired, or that notice has not yet been published pursuant to paragraph (a)(ii).

(6) Where a licence is suspended or revoked under this section, no fee or other sum paid in respect of the grant
or renewal of the licence shall be refunded.

(7) Nothing in this section shall be deemed to require the Authority or a disciplinary committee to inquire into
the question whether a licensee was properly convicted but the Authority or the disciplinary committee may consider
the record of a case in which such conviction was recorded and such other evidence as may show the nature and
gravity of the offence.

(8) Any fine imposed by virtue of subsection (1) and any costs awarded by virtue of that subsection may be
recovered as a civil debt.

Section: 31 Appeals L.N. 330 of 1998 21/10/1998


(1) Where-
(a) an application for the grant or renewal of a licence is refused under section 24;



Cap 511 - ESTATE AGENTS ORDINANCE 18

(b) a condition is attached to a licence pursuant to section 17;
(c) a licence is suspended or revoked under section 27; or
(d) a power under section 30 is exercised,

the applicant, the licensee concerned or the former such licensee, as the case may be, may, within the period of 21
days beginning on the date of the relevant notice under section 24(2), 27(5) or 30(5) or of the relevant licence, as the
case may be, by a notice in writing addressed to the Secretary, appeal against the refusal, or, as may be appropriate,
the attachment, suspension, revocation or exercise.

(2) Where a notice of appeal under this section is given, the Secretary shall cause notice of the appeal to be
published in the Gazette.

(3) (a) Where a notice of an appeal is published pursuant to subsection (2), any person may within the period
of 21 days beginning on the date of such publication, by a notice in writing addressed and delivered to
the Secretary, request to be heard at the appeal to which the notice so published relates.

(b) Where a notice referred to in paragraph (a) is received by the Secretary, the person by or on whose
behalf it was given shall be entitled to be heard or represented at the appeal to which the notice relates.


Section: 32 Appeal panel and tribunals L.N. 330 of 1998 21/10/1998


(1) For the purpose of hearing appeals under section 31, the Secretary shall appoint a panel of persons ("the
panel") comprising a chairman and 11 other members, none of whom shall be a public officer.

(2) (a) A person who for the time being holds an appointment under subsection (1) shall not be eligible for
membership of the Authority.

(b) A person who for the time being is a member of the Authority shall not be eligible for appointment
under subsection (1).

(3) A person who holds an appointment under subsection (1) may surrender his appointment by letter addressed
to the Secretary.

(4) Subject to subsection (3), an appointment under subsection (1) shall remain in force for such period as is
specified in the appointment, being a period of not more than 2 years beginning on the date of the appointment.

(5) Where an appointment under subsection (1) expires, the person concerned shall be eligible for
reappointment.

(6) Where a person appeals under section 31, the chairman of the panel shall appoint from the members thereof
a tribunal consisting of not less than 3 members to determine the appeal, and 1 of the members so appointed shall also
be appointed chairman of the tribunal.

(7) Where a person appeals under section 31, the chairman of the panel shall-
(a) fix the date, time and place for the hearing of the appeal so as to enable the hearing to commence as

soon as reasonably practicable; and
(b) not less than 28 days before the date so fixed, give the parties to the appeal, and any person who is

entitled to be heard or represented at the appeal pursuant to section 31(3)(b), a notice of the date, time
and place so fixed in such form as he may determine.

(8) A tribunal appointed under subsection (6) may, in relation to an appeal under section 31, confirm, vary or
reverse any of the decision to which the appeal relates.

(9) The decision of a tribunal appointed under subsection (6) shall be final.
(10) The Secretary may make regulations regulating the procedure for appeals under section 31 or otherwise

relating to such proceedings.

Section: 33 Tribunal proceedings, etc. L.N. 330 of 1998 21/10/1998


(1) For the purposes of proceedings conducted by a tribunal under section 32, subject to any regulations under
section 32(10) which are for the time being in force, the tribunal concerned may-

(a) determine its own procedure;
(b) receive and consider any material, whether by way of oral evidence, written statements, documents or

other thing, even though such material would not be admissible in civil or criminal proceedings;
(c) by notice in the prescribed form, require any person to attend before it to give evidence and produce

documents;
(d) administer oaths and affirmations;
(e) examine on oath, affirmation or otherwise any person attending before it and require such person to



Cap 511 - ESTATE AGENTS ORDINANCE 19

answer all questions put by or with the consent of the tribunal;
(f) award to a witness such expenses as, in its opinion, he has reasonably incurred by reason of his

attendance at the proceedings;
(g) determine the manner in which the material referred to in paragraph (b) is to be received;
(h) adjourn any proceedings;
(i) make such order, if any, as it thinks fit with regard to the payment of the whole or part of the costs of

the tribunal, by any 1 or more of the following, namely, the applicant, the licensee concerned or such
former licensee, the Authority, or any other person who was heard or represented during the
proceedings; and

(j) do or cause to be done any other thing which is either necessary or expedient to enable it to perform its
functions.

(2) (a) Any party in proceedings mentioned in subsection (1) shall, subject to any order made by the tribunal
concerned under subsection (3), be entitled to be present during the proceedings and may participate
therein either in person or through counsel or a solicitor or, with the consent of the tribunal concerned,
through some other person throughout the proceedings.

(b) For the purposes of paragraph (a), where a party in the proceedings mentioned in subsection (1) is a
company, the party shall be regarded as participating in the proceedings in person if it participates
through any of its directors.

(3) (a) Subject to paragraphs (b) and (c), the proceedings mentioned in subsection (1) shall be conducted in
public.

(b) Where the tribunal concerned, after consulting the parties to the appeal, is satisfied that it is desirable
to do so, it may by order-
(i) direct that the proceedings or a part or parts of the proceedings shall take place in private and

give directions as to the persons who may be present;
(ii) give directions prohibiting or restricting the publication or disclosure by any or all of the parties

to the appeal, or by any or all of the persons who may be present, of any evidence given at the
proceedings or of any matter contained in any document or thing produced or received in
evidence for the purposes of the proceedings.

(c) Without limiting the generality of paragraph (b), the tribunal concerned shall, in determining whether
or not it is desirable to make an order under that paragraph, take into account any views of the parties
to the appeal, including the private interests of and any claim as to privilege by any of those parties.

(d) For the purposes of this subsection, any question in relation to a claim by any party as to privilege shall
be a question of law.

(4) Costs awarded by virtue of subsection (1)(i) may be recovered as a civil debt.

Section: 34 Inquiry proceedings L.N. 390 of 1998 01/01/1999


(1) For the purposes of an inquiry under section 29, the Authority or, as the case may be, the disciplinary
committee conducting the inquiry shall have the following powers-

(a) to take evidence on oath;
(b) to summon any person to attend the inquiry to give evidence or produce any document or other thing

which may be relevant to the inquiry and which is in his possession or under his control and to
examine him as a witness; and

(c) to award to a witness such expenses as, in the opinion of the Authority or, as the case may be, the
disciplinary committee, he has reasonably incurred by reason of his attendance.

(2) A summons under this section shall be in the prescribed form and shall be signed by-
(a) in the case the inquiry is conducted by the Authority, the Chairman;
(b) in case the inquiry is conducted by a disciplinary committee, the chairman of the disciplinary

committee.
(3) At any inquiry conducted under section 29-

(a) the complainant, or his counsel or solicitor;
(b) the Chief Executive Officer;
(c) any other officer of the Authority expressly appointed by it as regards the inquiry; or
(d) if the Authority so directs, counsel or a solicitor for the Authority,

shall present the case against the licensee to whom the inquiry relates.



Cap 511 - ESTATE AGENTS ORDINANCE 20

(4) (a) Subject to paragraphs (b) and (c), an inquiry under section 29 shall be conducted in public.
(b) Where the Authority or, as the case may be, the disciplinary committee conducting an inquiry under

section 29, after consulting the complainant and the licensee to whom the inquiry relates, is satisfied
that it is desirable to do so, it may by order-
(i) direct that the inquiry or a part or parts of the inquiry shall take place in private and give

directions as to the persons who may be present;
(ii) give directions prohibiting or restricting the publication or disclosure by any or all of the persons

who may be present (including the complainant and the licensee to whom the inquiry relates) of
any evidence given at the inquiry or of any matter contained in any document or thing produced
or received in evidence for the purposes of the inquiry.

(c) Without limiting the generality of paragraph (b), the Authority or the disciplinary committee
conducting an inquiry under section 29 shall, in determining whether or not it is desirable to make an
order under that paragraph, take into account any views of the complainant and the licensee to whom
the inquiry relates, including the private interests of and any claim as to privilege by any of those
persons.

(d) For the purposes of this subsection, any question in relation to a claim by any person as to privilege
shall be a question of law.

(5) Section 33(2) shall apply mutatis mutandis to an inquiry conducted under section 29.

Section: 35 Contractual or other liability unaffected by suspension,

etc. of licences
L.N. 330 of 1998 21/10/1998



No contractual or other liability shall be affected in any way by reason only of the suspension, revocation or
expiration of a licence.

Part: V ESTATE AGENTS' DUTIES, LIABILITY AND

ADVERTISING
L.N. 190 of 1999 01/11/1999





Section: 36 Information as regards properties, etc. 32 of 2000 09/06/2000


Remarks:
This section shall come into operation on 1 November 1999 only for the purposes of its application to and in relation
to any property in Hong Kong used wholly or primarily for human habitation.


(1) (a) Subject to section 38(3), every licensed estate agent shall, as regards every property (whether situated
in Hong Kong or elsewhere) in relation to which he has entered into an estate agency agreement-
(i) if he acts for the vendor, then for so long as he so acts, have in his possession or under his control

information prescribed for the purposes of this paragraph;
(ii) be reasonably satisfied as regards the accuracy of information prescribed for the purposes of this

paragraph;
(iii) supply to persons who are of a class or description prescribed for the purposes of this paragraph

information so prescribed;
(iv) comply with requirements prescribed for the purposes of this paragraph when supplying to others

information which is required by this Ordinance to be supplied to them;
(v) inform a client who is a vendor of each offer received as regards the property concerned at any

time prior to that at which the client expressly instructs him not to do so, or that at which under
or pursuant to any provision of the estate agency agreement with the client the requirement to do
so no longer applies to him, whichever is the earlier;

(vi) disclose to a client full particulars of any pecuniary or other beneficial interest which such agent
has in the property concerned, together with particulars of any benefit, including any commission
or any interest of any kind whatever in such property, whether monetary or otherwise, which will
accrue to such agent should the property be disposed of; and

(vii) if as regards a particular property he acts both for the vendor and for the purchaser-
(A) inform both of such clients that he is so acting; and



Cap 511 - ESTATE AGENTS ORDINANCE 21

(B) without affecting any of the requirements applicable to him, including those in respect of
the supply of information, under any of the foregoing subparagraphs, provide to either of
such clients at the request of that client any information provided by the other client as
regards the property concerned, unless he has been expressly instructed by that other client
not to do so.

(b) For the purposes of this subsection the fact that a licensed estate agent or a partnership carries on an
estate agency business and 1 or more other businesses is immaterial.

(2) Without affecting the generality of subsection (1), information prescribed for the purposes of subsection
(1)(a) in relation to any property situated in Hong Kong, being property in relation to which a particular licensed estate
agent has entered into an estate agency agreement, or in relation to any property which is of a prescribed class or
description of such properties, may include the following- (Amended 32 of 2000 s. 48)

(a) particulars of current ownership and subsisting encumbrances in respect of the relevant property, as
recorded in records or other documents which are of a class or description prescribed for the purposes
of this paragraph and extracted in a manner prescribed for the purposes of this paragraph;

(b) the total or entire area, calculated and expressed in a manner prescribed for the purposes of this
paragraph, which the relevant property comprises;

(c) where applicable, the year or period in which construction of the relevant property was completed, as
recorded in an occupation permit or in a document which is of a class or description prescribed for the
purposes of this paragraph;

(d) any restrictions on the user of the relevant property which are imposed by any document which is of a
class or description prescribed for the purposes of this paragraph;

(e) the unexpired term of the relevant Government or other lease together with a statement as to whether
there is any right of renewal of such Government or other lease; (Amended 29 of 1998 s. 105)

(f) if a lease of the relevant property is to be granted, the term of the proposed lease; and (Amended 32 of
2000 s. 48)

(g) a statement, made by the vendor in a manner prescribed for the purposes of this paragraph, containing-
(i) any information so prescribed and within the vendor's knowledge, being information of a kind so

prescribed and relating to structural additions to or alterations of a building or other structure,
whether already carried out or not; and

(ii) any information so prescribed and within the vendor's knowledge, being information relating to
the following repairs or improvements-
(A) repairs or improvements which are required or proposed as regards the relevant premises

and. in case such premises form part of a building, as regards any other part of that
building, or as regards any part of the site on which such premises are situated; and

(B) repairs or improvements for the cost of which a purchaser of such premises will be wholly
or partly liable.

(3) Subject to section 38(3), where a licensee who is not a licensed estate agent to which subsection (1) applies
but who in the course of his employment or appointment as a salesperson by an estate agent does estate agency work
in relation to a particular property, the following provisions shall apply-

(a) in so far as he does such work, the obligations imposed by subparagraphs (v), (vi) and (vii) of
subsection (1)(a) are hereby imposed on him;

(b) if as regards the particular property he fails to discharge an obligation imposed on him by paragraph
(a) and because of any such failure the relevant vendor or purchaser suffers loss or damage, the failure
shall constitute a cause of action described in subsection (4).

(4) Where as regards a particular property a licensed estate agent fails to comply with a requirement of
subsection (1) which applies to him and because of any such failure the relevant client suffers loss or damage, the
failure shall constitute a cause of action whereby damages or any other relief or remedy may be recovered or obtained
in legal proceedings.

(5) (a) In any legal proceedings to which this subsection applies it shall be presumed until the contrary is
proved that the licensed estate agent (or a person who was formerly a licensed estate agent) concerned
was, or should reasonably have been, aware of any particulars or other information which under
subsection (1)(a)(iii) is required to be supplied and which is relevant to the proceedings.

(b) (i) In any proceedings to which this subsection applies, it shall be a defence for a defendant to show
that he had taken all reasonable steps and exercised all due diligence to avoid the failure to which
the proceedings relate.



Cap 511 - ESTATE AGENTS ORDINANCE 22

(ii) Without limiting the generality of subparagraph (i), in the case of failure to comply with a
requirement under subsection (1)(a)(ii) in respect of any information, the defendant shall, for the
purposes of that subparagraph, be regarded as having shown that he had taken all reasonable
steps and exercised all due diligence to avoid the failure, if he shows that-
(A) he relied on information obtained from a source prescribed for the purposes of this

subparagraph in respect of such information;
(B) it was reasonable for him to have relied on such information; and
(C) he had taken all steps reasonably open to him to avoid the failure.

(c) Neither subsection (3)(b) nor subsection (4) shall be regarded as limiting or otherwise affecting any
right or other cause of action, existing apart from those subsections (or either of them), whereby
damages or any other relief or remedy may be recovered or obtained in legal proceedings.

(d) This subsection applies to any legal proceedings which-
(i) are instituted against a licensee (or a person who was formerly a licensee); and
(ii) are so instituted wholly or partly by virtue of subsection (4).

(6) Section 46(5) shall apply to subsection (1)(a)(vi), and also to that subsection as applied by subsection (3), as
it applies to section 46(3).

(7) Without limiting or diminishing any liability which a licensed estate agent or a vendor may incur under the
general law, it is hereby declared that nothing in this section shall be construed as requiring a licensed estate agent or a
vendor to warrant the accuracy of any statement made pursuant to the requirements of regulations made by virtue of
subsection (2)(g).

Section: 37 Accounts regulations 23 of 2004 08/09/2004


Remarks:
This section shall come into operation on 1 November 1999 only for the purposes of its application to and in relation
to any property in Hong Kong used wholly or primarily for human habitation.


(1) The Authority may, with the approval of the Secretary, make regulations-
(a) as to the opening and keeping by licensed estate agents to whom the regulations apply of accounts at

banks for moneys received or held for or on account of their clients;
(b) as to the keeping by such licensed estate agents of accounts containing particulars and information as

to moneys received or held or paid by them for or on account of their clients;
(c) enforcing compliance with the regulations;
(d) empowering the Authority to take such action as may be appropriate to enable it to ascertain whether

or not the regulations are being complied with (Including provisions requiring the production by any
such licensed estate agent of accounts, records or other documents in his possession or under his
control and their inspection and examination by an officer of the Authority.

(2) The provisions contained in regulations made under this section for ascertaining whether the regulations
have been complied with may include, in particular, provisions requiring licensed estate agents to whom the
regulations apply to furnish a certificate given by a certified public accountant (practising) that the regulations have
been complied with. (Amended 23 of 2004 s. 56)

(3) Regulations under this section may prescribe circumstances in which licensed estate agents or any
prescribed class of such agents are exempt from any of the regulations.

(4) Regulations under this section may make provision for requiring any licensed estate agent to whom the
regulations apply

(a) to keep on deposit in a separate account at a bank for the benefit of the client all or any prescribed class
or description of the moneys received for or on account of a client; or

(b) to pay to the client a sum equivalent to the interest which would have accrued if such moneys had been
so kept on deposit.

(5) The cases in which a licensed estate agent may be required by regulations under this section to act as
mentioned in subsection (1) may be specified in such regulations, among other things, by reference to the amount of
any sum received or the period for which it is or is likely to be retained or both; and the regulations may include
provision for enabling a client (without prejudice to any other remedy) to require that any question arising under the
regulations in relation to any of the moneys received for or on account of the client be referred to and determined by
the Authority.



Cap 511 - ESTATE AGENTS ORDINANCE 23

(6) Where regulations under this section which contain provisions described in subsection (4)(b) are for the
time being in force, except as provided by those provisions, a licensed estate agent shall not be liable by virtue of the
relation between estate agent and client to account to any client for interest received by the agent on moneys deposited
at a bank, being moneys received or held for or on account of his clients generally.

Section: 38 Effective control of offices; managers L.N. 190 of 1999 01/11/1999


Remarks:
Subsection (3) has only come into operation since 1 November 1999.


(1) (a) Subject to paragraph (d), a licensed estate agent shall ensure that his business at his principal or only
office, and every one of his other offices, if any (whether such other offices are referred to as branch
offices, sub-offices or otherwise), is under the effective and separate control of a manager appointed by
him, and a person appointed under this subsection shall be an individual and the licensed estate agent
concerned shall also ensure that such a person is the holder of an estate agent's licence.

(b) (i) A person who is not a licensed estate agent shall be disqualified for holding an appointment
referred to in paragraph (a).

(ii) A person shall neither purport to accept nor purport to act pursuant to an appointment referred to
in paragraph (a), unless he is a licensed estate agent.

(c) Where-
(i) an estate agent's licence is revoked or suspended; and
(ii) at the time of the revocation or suspension the person concerned holds an appointment referred to

in paragraph (a),
then such revocation or suspension shall operate to revoke or, where appropriate, suspend the
appointment referred to.

(d) Where a licensed estate agent is employed or appointed by another estate agent, and, in the course of
his employment or appointment, does estate agency work as a salesperson, then to the extent that he
does such work, paragraph (a) shall not apply to him.

(2) Subsection (1) shall not be construed as preventing a licensed estate agent appointing himself to manage his
office in accordance with the requirements of this section or, in case he has more than 1 office, so to manage the
business at a particular 1 of his offices.

(3) Where-
(a) a manager acts in relation to a particular property; and
(b) he has not been appointed by virtue of subsection (2),

the requirements of section 36(1)(a)(i) to (vii) shall apply to him as if he were the licensed estate agent who entered
into the relevant estate agency agreement.

(4) (a) The requirements of subsection (1) shall not be regarded as being complied with as regards the
business at an office of a particular estate agent-
(i) unless the manager of such office-

(A) generally acts in a managerial capacity at the office; and
(B) in particular manages the estate agent's business at the office;

(ii) if and for so long as a particular person appointed under subsection (1)(a) is in control either of
the business at more than 1 office of the particular estate agent or of the business at any office of
the particular estate agent as well as the business at 1 or more offices of another estate agent.

(b) Where 2 or more estate agents are in partnership and the partnership does estate agency work at a
particular office, then for the purposes of paragraph (a)(ii) that office shall not be regarded as being the
office of another estate agent.

(5) The Authority may, with the approval of the Secretary, make regulations requiring salespersons to be under
the supervision and control of a manager referred to in subsection (1) and also providing that not more than a
prescribed number of such salespersons may at any time be under the supervision and control of any such manager.

(6) Where regulations under subsection (5) are for the time being in force, the requirements of subsection (1)
shall be regarded as being complied with if, and only if, the requirements of the regulations are also complied with.




Cap 511 - ESTATE AGENTS ORDINANCE 24

Section: 39 Certain employment prohibited L.N. 390 of 1998 01/01/1999


(1) A licensed estate agent shall not employ or continue to employ as a salesperson any person who for the time
being is not the holder of a licence.

(2) Where a person suffers loss or damage by reason of a licensed estate agent's failure to comply with a
requirement of subsection (1), such failure shall constitute a cause of action.

Section: 40 Notice of certain events L.N. 390 of 1998 01/01/1999


(1) Where a licensee ceases to be engaged in estate agency work, he shall, before the expiration of the period of
31 days beginning on the date of the cesser, notify the Authority in writing thereof.

(2) Where a licensed estate agent-
(a) employs a person as a salesperson; or
(b) ceases to employ a person as a salesperson,

the agent shall, before the expiration of the period of 31 days beginning on the date of the employment or, where
appropriate, the cesser, notify the Authority in writing of the employment or cesser.

(3) Where a licensed estate agent-
(a) appoints a person as a manager for the purposes of this Ordinance; or
(b) terminates the appointment of such a manager,

the agent shall, before the expiration of the period of 31 days beginning on the date of the appointment or, where
appropriate, the termination, notify the Authority in writing of the appointment or termination.

(4) Where a company is a licensed estate agent, and-
(a) a person is appointed as a director of the company; or
(b) a person ceases to be such a director,

the company shall, before the expiration of the period of 31 days beginning on the date of the appointment or, where
appropriate, the cesser, notify the Authority in writing of the appointment or cesser.

(5) Where-
(a) a licensed estate agent-

(i) becomes a member of a partnership; or
(ii) ceases to be a member of a partnership; and

(b) the partnership does, or it is proposed that it will do, estate agency work,
the agent shall, before the expiration of the period of 31 days beginning on the date of his so becoming or ceasing to
be such a member, notify the Authority in writing thereof.

(6) In addition to notification of the matters contained in subsections (1), (2), (3), (4) and (5), a notice for the
purposes of any of those subsections shall contain such additional particulars (if any) as are prescribed for the time
being for the purposes of this section by the Authority, and the Authority may in addition prescribe the manner in
which any such particulars are to be verified.

Section: 41 Giving of notices L.N. 411 of 1997 08/08/1997


Any notice which is required by this Ordinance to be given shall be properly given if-
(a) in the case of an individual, it is-

(i) delivered to him; or
(ii) left at, or sent by post to, his registered address;

(b) in the case of a company, it is-
(i) delivered to an officer of the company; or
(ii) left at, or sent by post to, the company's registered address.


Section: 42 Liability of directors, etc. L.N. 390 of 1998 01/01/1999


Where a person by whom an offence under this Ordinance has been committed is a company and it is proved
that the offence was committed with the consent or connivance of a director or other officer concerned in the
management of the company, or any person purporting to act as such director or officer, the director or other officer or
the person, as the case may be, shall be guilty of the like offence.



Cap 511 - ESTATE AGENTS ORDINANCE 25


Section: 43 Estate agents' liability for certain moneys received L.N. 390 of 1998 01/01/1999


(1) An estate agent is liable to repay to a client, moneys received by or on behalf of that agent for or on account
of that client, being moneys received in the course of his business as an estate agent.

(2) Where-
(a) in the course of an estate agency business moneys are received by or on behalf of a person when that

person is acting as a salesperson and is employed by the estate agent concerned; and
(b) the moneys are so received for or on account of a client of the estate agent,

the person referred to in paragraph (a) shall forthwith pay such moneys, or cause them to be paid, either to the estate
agent or to an account maintained by that agent pursuant to the requirements of regulations under section 37.

(3) Where moneys are-
(a) received by an estate agent in a manner described in subsection (1); or
(b) paid by a salesperson pursuant to and in accordance with subsection (2); or
(c) kept on deposit by an estate agent pursuant to the requirements of regulations under section 37,

the estate agent shall comply with the following provisions, namely, apart from complying with the requirements of
such regulations, he shall use the moneys or any part thereof for, and only for, the following purposes-

(i) the making of payments to the client concerned; or
(ii) the making of other payments if, and only if, any such payment is made pursuant to and in accordance

with such client's prior written instructions regarding that payment.

Section: 44 Advertising L.N. 190 of 1999 01/11/1999


Remarks:
This section shall come into operation on 1 November 1999 only for the purposes of its application to and in relation
to any property in Hong Kong used wholly or primarily for human habitation.


(1) The Authority may, with the approval of the Secretary, by regulation regulate advertising by licensed estate
agents to whom the regulations apply in such manner as appears to the Authority to be appropriate.

(2) Without affecting the generality of subsection (1), regulations under this section may-
(a) prohibit the inclusion by licensed estate agents in advertisements issued by them or on their behalf, and

relating wholly or partly to their estate agency business, statements or particulars which are false or
misleading in a material particular;

(b) prohibit the issue by licensed estate agents or on their behalf of advertisements as regards a particular
property unless the vendor concerned has previously agreed to such issue and the terms of the
agreement are contained in an estate agency agreement, whether entered into with such licensed estate
agents or otherwise;

(c) require prescribed statements or particulars to be included in all advertisements to which the
regulations apply or in advertisements which are of a prescribed class or description;

(d) prohibit the inclusion in such advertisements of prescribed statements or particulars.

Part: VI ESTATE AGENCY AGREEMENT L.N. 190 of 1999 01/11/1999


Remarks:
This Part shall come into operation on 1 November 1999 only for the purposes of its application to and in relation to
any property in Hong Kong used wholly or primarily for human habitation.

Section: 45 Estate agency agreement required as regards certain

proposals and undertakings
L.N. 190 of 1999 01/11/1999



Remarks:
This section shall come into operation on 1 November 1999 only for the purposes of its application to and in relation
to any property in Hong Kong used wholly or primarily for human habitation.




Cap 511 - ESTATE AGENTS ORDINANCE 26

(1) Where a person (in this section referred to as "the agent") proposes or undertakes (whether for a
commission or other fee or not) to perform estate agency work for a client, whether as regards a particular property or
not, a right or other cause of action whereby damages or any other relief or remedy may be recovered or obtained in
legal proceedings as regards the proposal or undertaking shall lie at the suit of the agent if, and only if-

(a) an agency agreement (in this Ordinance referred to as an "estate agency agreement") embodying the
terms of the proposal or undertaking, being an agreement between the agent and the client which is in
the prescribed form and which contains such particulars (if any) in respect of the proposal or
undertaking as are prescribed for the purposes of this section has been entered into and, in the case of a
written document, properly executed. and

(b) the agent was a licensed estate agent at the time when the estate agency agreement was so entered into
and executed.

(2) Where a person ("the agent") makes a proposal or gives an undertaking to perform estate agency work for a
client as described in subsection (1), the agent shall be entitled to recover from, or to require the payment by any other
person of, any amount in respect of any outgoing paid or payable by the agent as regards any acquisition or disposition
of any property to which the proposal or undertaking relates if, and only if-

(a) an estate agency agreement between the agent and the client which is both in the prescribed form and
contains in respect of the proposal or undertaking such particulars (if any) as are prescribed for the
purposes of this section has been entered into and, in the case of a written document, properly
executed; and

(b) the agent was a licensed estate agent at the time when the estate agency agreement was so entered into
and executed.

(3) A right or other cause of action described in subsection (1) shall not lie at the suit of any person other than
the agent within the meaning of this section by reason only of anything contained in this section.

Section: 46 Form and content of estate agency agreement L.N. 190 of 1999 01/11/1999


Remarks:
This section shall come into operation on 1 November 1999 only for the purposes of its application to and in relation
to any property in Hong Kong used wholly or primarily for human habitation.


(1) An estate agency agreement shall comprise 1 or more written documents, and any agreement made in
accordance with regulations made under subsection (4) to vary or supplement any such documents.

(2) For the purposes of section 45, the Authority may, with the approval of the Secretary, by regulation
prescribe particulars or other matters to be included in estate agency agreements and, subject to subsection (3),
regulations under this subsection may contain such provisions as appear to the Authority to be appropriate in order to
ensure that clients of licensed estate agents are made aware of-

(a) the rights and obligations conferred on or imposed by any, particular such agreement on the parties to
it;

(b) the amount or the rate, as the case may be, of any commission or other fee payable by such clients
under any such agreement;

(c) any other matters which, in the opinion of the Authority, it is desirable for persons who are such clients
to know about in connection with any such agreement.

(3) Regulations under subsection (2) may provide that an estate agency agreement shall-
(a) specify the amount or the rate, as the case may be, of any commission or other fee payable under the

agreement and, in case it is not payable to the licensed estate agent concerned, the person or persons to
whom it is payable;

(b) state-
(i) whether or not the licensed estate agent concerned or, in case any salesperson employed or

appointed by him acts as regards the relevant property, whether or not that salesperson, has a
pecuniary or other beneficial interest in the relevant property;

(ii) whether or not the licensed estate agent concerned is, as regards the relevant property, also
acting, or has agreed to act, for a person other than the client with whom the agreement is made;

(iii) if such agent is so acting or has so agreed, whether or not remuneration is payable to such agent
(or to 1 or more other persons) by reason of such agent's so acting or having so agreed to act; and

(iv) in case remuneration is so payable, its amount or its rate, as the case may be, and the person or



Cap 511 - ESTATE AGENTS ORDINANCE 27

persons to whom it is payable;
(c) contain an undertaking that the licensed estate agent concerned, should he agree to act in a manner

described in paragraph (b)(ii). will, as soon as may be, supply to the client with whom the agreement is
made all of the particulars required by paragraph (b)(iii) and (iv) to be but which have not then been
stated in the agreement;

(d) specify-
(i) obligations, if any, which will apply as regards the client with whom the agreement is made

should he acquire or dispose of any part of the relevant property otherwise than through the
licensed estate agent concerned; and

(ii) the period (which shall not be longer than a period (if any prescribed for the purposes of this
subparagraph) during which such obligations, if any, are to have effect under the agreement; and

(e) specify terms and conditions on or subject to which the client with whom the agreement is made agrees
to advertising as regards the relevant property.

(4) Regulations under this section may in particular-
(a) require prescribed information to be included in a prescribed manner in documents of a prescribed

class or description;
(b) require prescribed material to be excluded from documents of such a class or description;
(c) contain requirements to ensure that prescribed information is clearly brought to the attention of clients

of licensed estate agents, and that one part of a document is not given insufficient or excessive
prominence compared with another;

(d) prescribe the manner in which agreements which vary or supplement the terms and conditions of or
any prescribed class or description of the terms and conditions of an estate agency agreement are to be
made;

(e) apply to all estate agency agreements or to such agreements which are of a prescribed class or
description.

(5) (a) For the purposes of subsection (3)(b), a person shall be regarded as having a beneficial interest in the
relevant property to which a particular estate agency agreement relates if-
(i) the person or his specified relative, or any nominee of his or of his specified relative, is a member

of a company or any other body which has a beneficial interest in such property;
(ii) the person or his specified relative, or any nominee of his or of his specified relative, is in

partnership with or is in the employment of a person who has a beneficial interest in such
property;

(iii) the person or his specified relative, or any nominee of his or of his specified relative, is a party to
any arrangement or agreement (whether enforceable or not) concerning such property.

(b) In this subsection-
"brother or sister" (兄弟或姊妹), in relation to a person, includes any child of a parent of the person;
"child" (子女) includes a child who is illegitimate or adopted and a step child, and "parent" (父母)

shall be construed accordingly;
"specified relative" (指明親屬), in relation to a person, means the spouse, parent, child, brother or

sister of the person;
"spouse" (配偶), in relation to a person, means any person to whom the first-mentioned person is, by

reason of the form of marriage contracted, lawfully married.
(6) In this section "the relevant property" (有關的物業) includes, in relation to an estate agency agreement,

whichever of the following as is appropriate having regard to the agreement, namely, the whole or any part of the
property to which the agreement relates or, in case the agreement relates to 2 or more distinct properties, all of those
properties when taken together as a whole, the whole of each of any 1 or more of those properties and part of any 1 or
more, or all, of those properties.

Section: 47 Duty to supply copy of unexecuted estate agency

agreement
L.N. 190 of 1999 01/11/1999



Remarks:
This section shall come into operation on 1 November 1999 only for the purposes of its application to and in relation
to any property in Hong Kong used wholly or primarily for human habitation.



Cap 511 - ESTATE AGENTS ORDINANCE 28


(1) If an unexecuted estate agency agreement is presented personally by or on behalf of a licensed estate agent

for signature by or on behalf of a client of that agent, but on the occasion when it is to be so signed the document does
not become an executed such agreement, a copy of it, and of any other document referred to in it, must be delivered
there and then by that agent to the person to whom the unexecuted such agreement was so presented.

(2) If an unexecuted estate agency agreement is sent by or on behalf of a licensed estate agent for signature by
or on behalf of a client of that agent, a copy of it, and of any other document referred to in it, must be sent at the same
time to the person whose signature is sought.

(3) For the purposes of section 45, an estate agency agreement is not properly executed if the requirements of
this section are not complied with.

Section: 48 Duty to supply copy of executed estate agency agreement L.N. 190 of 1999 01/11/1999


Remarks:
This section shall come into operation on 1 November 1999 only for the purposes of its application to and in relation
to any property in Hong Kong used wholly or primarily for human habitation.


(1) If an unexecuted estate agency agreement is presented personally by or on behalf of a licensed estate agent
for signature by or on behalf of a client of that agent, and on the occasion when it is signed the document becomes an
executed such agreement, a copy of the executed such agreement, and of any other document referred to in it, must be
delivered there and then by that agent to the person to whom the unexecuted such agreement is so presented.

(2) A copy of an executed estate agency agreement, and of any other document referred to in it, must be given
to the client of the licensed estate agent within the period of 7 days following the execution of the agreement unless-

(a) subsection (1) applies; or
(b) the unexecuted estate agency agreement was sent by or on behalf of the licensed estate agent for

signature by or on behalf of the client and, on the occasion when it was so signed, the document
became an executed such agreement.

(3) For the purposes of section 45, an estate agency agreement is not properly executed if the requirements of
this section are not complied with.

Part: VII DISPUTES AS REGARDS COMMISSION, ETC. L.N. 190 of 1999 01/11/1999




Section: 49 Disputes as regards commission L.N. 190 of 1999 01/11/1999


(1) Where-
(a) there is a dispute between a licensed estate agent and 1 or more of his clients as regards a commission

or other fee of such agent;
(b) the dispute relates to the amount of the commission or other fee or the manner in which it is to be

calculated or is payable; and
(c) the requirements of section 45 are complied with in relation to the commission or other fee,

the dispute may, with the agreement of such agent and his client or, where appropriate, each of his clients, be referred
to the Authority for determination by it.

(2) The Authority may at any time, whether before or after commencement of the proceedings conducted for
the purposes of a determination under this section, either of its own motion or upon the application of any of the
parties who referred the dispute to the Authority under this section, decline jurisdiction if-

(a) the amount of the commission or other fee in dispute exceeds the amount prescribed for the purposes
of this subsection; or

(b) it is otherwise of the opinion that for any reason the dispute should not be determined by it.
(3) (a) The practice and procedure to be adopted in the proceedings of a determination by the Authority under

this section shall, subject to this section and to any regulation made hereunder, be determined by the
Authority.

(b) The Authority may, with the approval of the Secretary, by regulation regulate the practice and
procedure to be adopted in the proceedings of a determination under this section or otherwise relating
to such proceedings.



Cap 511 - ESTATE AGENTS ORDINANCE 29


Section: 50 Appeals to District Court L.N. 190 of 1999 01/11/1999


(1) Subject to this section, an appeal shall lie to the District Court from any determination of the Authority
under section 49.

(2) (a) No appeal shall lie from a determination of the Authority under section 49 after the expiry of 14 days
from the date of such determination.

(b) The District Court may, if it thinks fit, extend the period within which to appeal under this section,
whether or not the period within which to so appeal has expired.

(3) On an appeal under this section, the District Court may confirm, vary or reverse any determination of the
Authority under section 49 and may make such order as to costs as it may think fit.

(4) On an appeal under this section, a decision of the District Court shall be final.
(5) An appeal which is pending determination under this section shall not operate as a stay of execution of a

determination by the Authority under section 49, unless the District Court otherwise orders, and any stay of execution
may be subject to such conditions as to costs, the giving of security or otherwise as the District Court may think fit.

Section: 51 Jurisdiction of District Court on appeal L.N. 190 of 1999 01/11/1999


(1) Save as is provided in this Ordinance, the District Court shall, upon or in connection with any question to
be determined on an appeal under section 50, have all the powers and Jurisdictions exercisable by it in or in
connection with civil actions before it in the like manner as if it had by the District Court Ordinance (Cap 336) been
empowered to determine an appeal under section 50 whatever the amount involved, and the law, rules and practice
relating to such civil actions and to the enforcement of judgments and orders of the District Court shall mutatis
mutandis apply.

(2) The District Court shall have Jurisdiction to hear and determine any appeal under section 50
notwithstanding that the amount claimed exceeds the sum mentioned in section 33 of the District Court Ordinance
(Cap 336).

(3) The District Court may, in any proceedings brought in the District Court on an appeal under section 50,
order that there shall be included in the sum for which an order for payment is made interest at such rate as it thinks fit
on the whole or any part of such sum for the whole or any part of the period between the date when the cause of action
arose and the date of the order.

Section: 52 Determinations of Authority may be registered in District

Court
23 of 2002 19/07/2002



After the period within which to appeal under section 50 has expired, a determination by the Authority of any
dispute under section 49 may, where no appeal under section 50 is pending determination, be registered, in such
manner as may be specified by the Registrar of the District Court, in the District Court and shall, on such registration,
become for all purposes a judgment of the District Court and may be enforced accordingly, notwithstanding that the
amount for which the determination has been given is otherwise not within the Jurisdiction of the District Court.

(Amended 23 of 2002 s. 126)

Part: VIII MISCELLANEOUS L.N. 330 of 1998 21/10/1998




Section: 53 Partnerships L.N. 330 of 1998 21/10/1998


(1) The Authority may, with the approval of the Secretary, by regulation provide that this Ordinance is, as
regards licensed estate agents who are members of a partnership to which the regulations apply, to apply to them with
prescribed modifications or subject to other amendments (including exceptions) which are prescribed, and regulations
under this section may contain such other provisions as will enable the regulations to have full effect.

(2) The Authority may by regulation so made provide that, where 2 or more licensed estate agents are members
of a partnership to which the regulations apply, prescribed requirements or other prescribed provisions of this
Ordinance shall, as regards each of the members, be regarded as being complied with if, and only if, the requirement



Cap 511 - ESTATE AGENTS ORDINANCE 30

or other provision has been complied with by at least 1 of such members.

Section: 54 Immunity L.N. 330 of 1998 21/10/1998


(1) No personal liability shall be incurred by any person in respect of anything done, or omitted to be done, by
him in good faith in relation to the performance or purported performance of any function under this Ordinance
(including a function duly delegated under this Ordinance).

(2) (a) Without affecting the generality of subsection (1), this subsection applies to-
(i) an investigation conducted by an investigator under section 28;
(ii) an inquiry conducted by the Authority or by a disciplinary committee under section 29;
(iii) proceedings conducted by a tribunal under section 32; or
(iv) proceedings of a determination by the Authority of any dispute under section 49.

(b) A person who complies with a requirement made for the purposes of any investigation, inquiry or
proceedings referred to in paragraph (a) shall not incur any liability to any person by reason only of
that compliance.

(c) No liability shall be incurred by any person by reason only of something said or otherwise done by him
in good faith at or in connection with any investigation, inquiry or proceedings referred to in paragraph
(a).

(d) As regards any investigation, inquiry or proceedings referred to in paragraph (a), any party, counsel,
solicitor, witness or other person appearing at or otherwise participating in the investigation, inquiry or
proceedings shall have the same privileges and immunities as he would have if the investigation,
inquiry or proceedings were civil proceedings conducted by the Court of First Instance. (Amended 25
of 1998 s. 2)


Section: 55 Offences L.N. 190 of 1999 01/11/1999


Remarks:
Subsection (1)(h)(v) has only come into operation since 1 November 1999.


(1) Any person who, without reasonable excuse-
(a) contravenes section 15(1) or (2);
(b) contravenes section 16(1);
(c) makes any statement or furnishes any information, which is false or misleading in a material particular,

in connection with any application for the grant or renewal of an estate agent's licence;
(d) makes any statement or furnishes any information, which is false or misleading in a material particular,

in connection with any application for the grant or renewal of a salesperson's licence;
(e) fails to comply with section 28(5);
(f) fails to comply with section 28(9);
(g) contravenes section 38(1)(b)(ii);
(h) makes any statement or furnishes any information, which is false or misleading in a material

particular-
(i) in purported compliance with any requirement imposed on him under or pursuant to section

28(5);
(ii) in purported compliance with any requirement imposed on him for the purposes of an inquiry

conducted by the Authority or a disciplinary committee under section 29;
(iii) pursuant to or by virtue of section 30(2);
(iv) in purported compliance with any requirement imposed on him for the purposes of proceedings

conducted by a tribunal under section 32; or
(v) in purported compliance with any requirement imposed on him for the purposes of the

proceedings of a determination by the Authority of any dispute under section 49;
(i) having been summoned or required to attend as a witness or required to produce a document or other

thing or to answer any questions put to him under any provision of this Ordinance, refuses or fails to
do so;

(j) obstructs the Authority or any person in the exercise or performance of any of its or his functions;
(k) otherwise than in performing a function under this Ordinance, obliterates, defaces or otherwise alters



Cap 511 - ESTATE AGENTS ORDINANCE 31

any existing entry in the register, or makes a new entry therein,
commits an offence.

(2) A licensed estate agent or a licensed salesperson who, without reasonable excuse-
(a) for or in connection with an estate agency business uses any name other than the name specified in his

licence;
(b) fails to comply with section 39(1);
(c) fails to comply with section 43(1) or (3);
(d) fails to comply with section 43(2),

commits an offence.
(3) A person shall be liable-

(a) where he commits an offence under subsection (1)(a)-
(i) on conviction upon indictment to a fine of $500000, to imprisonment for 2 years or both to such

a fine and such imprisonment;
(ii) on summary conviction to a fine at level 6, to imprisonment for 6 months or both to such a fine

and such imprisonment;
(b) where he commits an offence under subsection (1)(b), (e), (f), (h), (i), (j) or (k)-

(i) on conviction upon indictment to a fine of $200000, to imprisonment for 1 year or both to such a
fine and such imprisonment;

(ii) on summary conviction to a fine at level 6, to imprisonment for 6 months or both to such a fine
and such imprisonment;

(c) where he commits an offence under subsection (1)(g)-
(i) on conviction upon indictment to a fine of $150000, to imprisonment for 6 months or both to

such a fine and such imprisonment;
(ii) on summary conviction to a fine at level 5, to imprisonment for 3 months or both to such a fine

and such imprisonment;
(d) where he commits an offence under subsection (1)(c) or (d)-

(i) on conviction upon indictment to a fine at level 6, to imprisonment for 1 year or both to such a
fine and such imprisonment;

(ii) on summary conviction to a fine at level 5, to imprisonment for 6 months or both to such a fine
and such imprisonment.

(4) A licensed estate agent shall be liable-
(a) where he commits an offence under subsection (2)(c) or (d)-

(i) on conviction upon indictment to a fine of $200000, to imprisonment for 1 year or both to such a
fine and such imprisonment;

(ii) on summary conviction to a fine at level 6, to imprisonment for 6 months or both to such a fine
and such imprisonment;

(b) where he commits an offence under subsection (2)(a) or (b)-
(i) on conviction upon indictment to a fine at level 6, to imprisonment for 6 months or both to such a

fine and such imprisonment;
(ii) on summary conviction to a fine at level 5, to imprisonment for 6 months or both to such a fine

and such imprisonment.
(5) A licensed salesperson shall be liable-

(a) where he commits an offence under subsection (2)(d)-
(i) on conviction upon indictment to a fine of $150000, to imprisonment for 6 months or both to

such a fine and such imprisonment;
(ii) on summary conviction to a fine at level 5, to imprisonment for 3 months or both to such a fine

and such imprisonment;
(b) where he commits an offence under subsection (2)(a)-

(i) on conviction upon indictment to a fine at level 6, to imprisonment for 3 months or both to such a
fine and such imprisonment;

(ii) on summary conviction to a fine at level 5, to imprisonment for 1 month or both to such a fine
and such imprisonment.

(6) (a) Where any person is convicted of an offence under this Ordinance, the court or the magistrate may
order that such person shall be disqualified for holding a licence for such period not exceeding 5 years
beginning on the date of such conviction as may be specified in the order.



Cap 511 - ESTATE AGENTS ORDINANCE 32

(b) A licence held by the person against whom an order is made under paragraph (a) shall on the date of
the order cease to have effect.


Section: 56 Regulations L.N. 411 of 1997 08/08/1997


(1) The Authority may, with the approval of the Secretary, by regulation-
(a) prescribe particulars to be contained in the register and the form in which it shall be kept;
(b) prescribe the manner in which, the form of and particulars to be contained in applications of any class

or description for the grant or renewal of a licence;
(c) prescribe a minimum age for the purposes of section 19 or 21;
(d) prescribe any educational qualifications or experience or both required to be held for the purposes of

section 18, 19 or 21;
(e) prescribe conditions which may be attached to licences;
(f) prescribe fees-

(i) for the purposes of sections 13, 18 and 26;
(ii) which are payable to the Authority in respect of prescribed services provided by it;

(g) prescribe requirements for the purposes of section 19(1)(b)(iii), 20(1)(d) or 21(2)(b)(iii);
(h) prescribe the period during which all licences or licences of a prescribed class or description are to be

in force;
(i) prescribe the circumstances in which conditions already attached to a licence may be amended or

varied (including amendment or variation by agreement) or in which new conditions may be attached
to any licence or in which any licence may be amended;

(j) regulate or prescribe the conduct or practice to be observed or followed in prescribed circumstances or
in relation to prescribed matters by licensed estate agents or licensed salespersons;

(k) prescribe the form of and particulars to be included in documents of a prescribed class or description,
and, where appropriate, require them, or any of them, which are of a prescribed class or description, to
be used or furnished by a licensee or any other persons in relation to prescribed matters or in
prescribed circumstances;

(1) prescribe particulars to be included in notices under section 40 and the manner in which any such
particulars are to be verified for the purposes of that section;

(m) make such provisions as the Authority considers requisite or expedient to give effect to this Ordinance;
(n) prescribe any matter or thing which is referred to in this Ordinance as prescribed.

(2) Any regulation made under this section or any other provision of this Ordinance may provide for the
exercise or performance by the Authority of any powers or functions under the regulations.

(3) Any regulation made under this section or any other provision of this Ordinance may create offences in
respect of contravention of any of the regulations and may provide for the imposition of a fine not exceeding $500000,
of imprisonment for a period not exceeding 2 years or for the imposition of such a fine and such imprisonment, and
such regulation may specify defences which may be raised in proceedings for such an offence.

Section: 57 (Omitted as spent) L.N. 411 of 1997 08/08/1997




Section: 58 (Omitted as spent) L.N. 190 of 1999 01/11/1999




Schedule: SCHEDULE 23 of 2002 19/07/2002


[sections 2 & 4(3)]


CONSTITUTION, ETC. OF THE AUTHORITY


1. Seal


(1) The Authority shall provide itself with a seal.



Cap 511 - ESTATE AGENTS ORDINANCE 33

(2) The seal of the Authority shall be authenticated by the signature of the Chairman or of the Vice-chairman,
and if the Chairman is or, where appropriate, both the Chairman and the Vice-chairman are, absent from Hong Kong
or otherwise unable so to authenticate, the signature of some other member of the Authority authorized by it to act in
that behalf.


2. Status


The Authority shall not be regarded as a servant or agent of the Government or as enjoying any status, immunity
or privilege of the Government.

(Amended 23 of 2002 s. 39)


3. Constitution of Authority


(1) (a) The Authority shall consist of the Chairman, the Vice-chairman and such number, to be determined by
the Chief Executive (but being not more than 18), of ordinary members.

(b) Subject to paragraph (c), the Chairman, the Vice-chairman and every ordinary member shall be
appointed by the Chief Executive.

(c) The following provisions shall apply as regards appointments to membership of the Authority-
(i) (A) at all times 1 of the ordinary members shall be a public officer;

(B) but more than 1 such officer may be appointed to such membership;
(ii) subject to subparagraphs (i)(B), (iii) and (iv) and to compliance with subparagraph (i)(A), the

appointments shall be made from amongst the following categories-
(A) individuals who do estate agency work ("persons of Category A");
(B) individuals, not being persons of Category A, who, either because of their experience in

property development, general administration or consumer affairs or because of their
professional or occupational experience, appear to the Chief Executive either to have
knowledge of estate agency work, or to be otherwise particularly suitable for appointment
to membership of the Authority ("persons of Category B"); and

(C) individuals, who are neither persons of Category A nor persons of Category B, who appear
to the Chief Executive to be suitable for appointment to membership of the Authority
("persons of Category C");

(iii) a person of Category A shall not be eligible for appointment as the Chairman or the Vice-
chairman;

(iv) at any time when he makes 1 or more such appointments the Chief Executive shall ensure that
the appointment or appointments are made so that, immediately after its or their making, not less
than one half of the members of the Authority (excluding the Chairman and the Vice-chairman)
are persons of Category C and the remaining members should, as far as possible, be equally
represented by persons of Category A and persons of Category B.

(d) Where the number of ordinary members falls below the number which is equal to the number required
for a quorum by subsection (9) plus 1 ("the requisite number"), the Chief Executive shall make such
appointment or appointments as are necessary to make the number of ordinary members not less than
the requisite number.

(e) Where the total number of members of the Authority (excluding the Chairman and the Vice-chairman)
for the time being is not an even number, then for, but only for, the purposes of determining the
number of persons appointed to Category C under paragraph (c)(iv), that total number shall be
regarded as having being increased by 1. (Amended 44 of 2000 s. 3)

(2) The expenses or other allowances (if any) payable to, and the other terms and conditions of office of, the
Chairman, the Vice-chairman or other members of the Authority shall be such as the Chief Executive may determine
and different such terms and conditions may be so determined in relation to different classes or descriptions of such
members. (Amended 44 of 2000 s. 3)

(3) The Chairman, the Vice-chairman or any other member of the Authority may at any time resign from his
office by letter addressed to the Chief Executive. (Amended 44 of 2000 s. 3)

(4) The Chief Executive may by notice in writing remove from office the Chairman, the Vice-chairman or any
other member of the Authority whose removal appears to him to be desirable for the effective performance by the
Authority of its functions. (Amended 44 of 2000 s. 3)



Cap 511 - ESTATE AGENTS ORDINANCE 34

(5) If the Chairman is absent from Hong Kong or is unable to act as chairman for any other reason, the Vice-
chairman shall act as chairman in his place.

(6) (a) The term of office of the Chairman, the Vice-chairman or any other member of the Authority shall be
such, not exceeding 2 years, as the Chief Executive shall fix when making the appointment.
(Amended 44 of 2000 s. 3)

(b) Where a person is appointed under subsection (1) or removed under subsection (4), notice of the
appointment or removal shall be published in the Gazette.

(7) A former member of the Authority (including a former Chairman or Vice-chairman), other than a person
who has been removed from office pursuant to subsection (4), shall be eligible for reappointment to membership,
whether as Chairman, Vice-chairman or otherwise, of the Authority.

(8) At a meeting of the Authority the following shall preside-
(a) the Chairman; or
(b) if the Chairman is absent, the Vice-chairman; or
(c) if neither the Chairman nor the Vice-chairman is present, such other member as the members present

shall select.
(9) The quorum for a meeting of the Authority shall be at least half of the members of the Authority for the

time being (including the Chairman and the Vice-chairman whether present or not).
(10) Each member of the Authority present at a meeting thereof shall have a vote.
(11) Every question or other matter for decision or determination at a meeting of the Authority shall be decided

or determined by a majority of votes of the members present and entitled to vote and, in the event that voting is
equally divided, the Chairman or other member presiding at the meeting shall have a casting vote.

(12) A meeting of the Authority may be convened by the Chairman, or if the Chairman is absent from Hong
Kong or is otherwise unable to convene a meeting, the Vice-chairman or in any case by any other 2 members of the
Authority.

(13) Where for the time being the number of members of the Authority (including the Chairman and the Vice-
chairman), is not an even number, then for, and only for, the purposes of subsection (9) that number shall be regarded
as having been increased by 1.

(14) The validity of any proceedings of the Authority shall not be affected by-
(a) any defect in the appointment or qualification of any person purporting to be a member of the

Authority;
(b) the absence of any member of the Authority from the meeting at which any such proceedings are

conducted; (L.N. 95 of 1999)
(c) any vacancy in the membership of the Authority;
(d) any minor irregularity in the convening of any meeting of the Authority.


4. Definition


In this Schedule "ordinary member" (普通成員) means any member of the Authority who is neither the
Chairman nor the Vice-chairman.

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