| 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 "地产代理监管局" 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］ 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] (Originally 48 of 1997) Cap 511 s 1 Short title and commencement PART I PRELIMINARY (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 Housing, Planning and Lands 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) Cap 511 s 2 Interpretation (1) In this Ordinance- "advertisement" (广告) 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" (监管局) means the Estate Agents Authority; "certified public accountant (practising)" (执业会计师) has the meaning assigned to it in the Professional Accountants Ordinance (Cap 50); (Replaced 23 of 2004 s. 56) "building" (建筑物) has the meaning assigned to it in section 2 of the Buildings Ordinance (Cap l23); "the Chairman" (主席) means the Chairman of the Authority and any other person when acting as the Chairman; "the Chief Executive Officer" (行政总裁) 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" (客户) 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" (委员会) means a committee established under section 8; "company" (公司) means a company within the meaning of the Companies Ordinance (Cap 32) and in addition it includes any body corporate- (a) incorporated or otherwise established by or under any other Ordinance; (b) incorporated or otherwise established outside Hong Kong;"data equipment" (数据设备) 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" (数据材料) 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" (发展) means a development involving the construction of a new building; "disciplinary committee" (纪律委员会) 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" (处置) 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; |
