| (Cap 511, sections 37, 44, 46 and 56) [1 November 1999] L.N. 190 of 1999 (L.N. 124 of 1999) Cap 511C s 1 (Omitted as spent) (Omitted as spent) Cap 511C s 2 Interpretation (1) In this Regulation, unless the context otherwise requires- "authorized institution" (认可机构) means an authorized institution within the meaning of the Banking Ordinance (Cap 155); "estate agency agreement" (地产代理协议) means an estate agency agreement in a form prescribed under section 3(1); "form" (表格) means a form specified in the Schedule; "instruction" (指示) means an instruction (whether oral or written) from a client or, where the context requires, a principal agent, for carrying out estate agency work for and on behalf of the client; "offer" (要约) means a proposal (whether oral or written) made by an offeror in respect of the acquisition or disposition of a residential property in which the offeror has instructed a licensee to communicate to a vendor or purchaser with a view to concluding a transaction; "practicable" (切实可行) means reasonably practicable; "principal agent" (主代理) means a licensee who takes instructions directly from a vendor or purchaser; "residential property" (住宅物业) means a property in Hong Kong used wholly or primarily for human habitation; "self-contained unit" (独立单位) means an independent dwelling with separate cooking facilities and bathroom with or without lavatory; "sub-listing agent" (分销放盘代理) means a licensee who obtains an instruction from a principal agent in respect of the listing of a residential property; "working day" (工作日) means any day other than a public holiday and other than a gale warning day or black rainstorm warning day within the meaning of section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1). (2) In this Regulation- (a) the term "form" followed by a number is a reference to the form bearing that number; (b) a reference to the supply of a form means the supply of the form in accordance with section 3(2) and, if applicable, section 3(3). (L.N. 176 of 1999)(3) In this Regulation, references to a residential property include, 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 residential property to which the agreement relates or, in case the agreement relates to 2 or more distinct residential 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. Cap 511C s 3 Forms (1) Subject to subsection (4), the forms are prescribed for the purposes of the Ordinance and, accordingly- (a) the information (including particulars and other matters) required to be included in those forms; and (b) the requirements to be complied with as specified in those forms,are also prescribed for those purposes. (2) A form to be supplied under this Regulation shall be- (a) completed in accordance with such directions and instructions as are specified in the form; (b) accompanied by such documents as are specified in the form; and (c) if the completed form is required to be provided to a person, so provided in the manner, if any, specified in the form.(3) A licensee supplying a form pursuant to this Regulation shall- (a) obtain the information required to be included in the form as soon as is practicable; and (b) ensure the accuracy of the information so obtained and of any other information included in the form.(4) The forms are not prescribed for the purposes of the Ordinance in the case of- (a) the sale and purchase or leasing of a car parking space carried out separately from the sale and purchase or leasing of a residential property; (b) the leasing of a residential property that is not a self-contained unit; or (c) subject to section 7(1), a first sale of an undivided share in land in which a residential property forms part. Cap 511C s 4 Guidelines as to professional standards (1) The Authority may, with the approval of the Secretary, for the purpose of providing practical guidance for licensees, issue guidelines specifying any conduct or practice which the Authority considers is a professional standard that ought to be followed by licensees in the course of exercising or carrying on the business of doing estate agency work, or in the course of acting as a salesperson, as the case may be. (2) The other provisions of this Regulation shall not affect the generality of subsection (1). Cap 511C s 5 Licensed estate agents and salespersons to inform clients they are licensed (1) A licensed estate agent shall not cause or permit a person to become his client before the person is informed- (a) that the agent is a licensed estate agent; and (b) of the number of the estate agent's licence held by the agent.(2) A licensed salesperson shall not do any estate agency work for a person before the person is informed- |
