As Chairman, could you introduce the work of the EAA's Disciplinary Committee?

The Disciplinary Committee is responsible for investigating complaints and conducting hearings when licensed estate agents/salespersons are alleged to have infringed or failed to act in accordance with the Estate Agents Ordinance and its subsidiary legislation, the Code of Ethics, Practice Directions or other instructions. If a complaint is substantiated, the Disciplinary Committee has the power to impose disciplinary action. Such action includes admonishments, reprimands, attachment of conditions to a licence , fines, suspension or revocation of a licence.

If EAA receives a complaint from the public about suspected breaches of laws and/or regulations by a practitioner, how will EAA handle the case?

Normally, after receiving a complaint, EAA will gather details of the incident from the complainant. If the complaint falls within the jurisdiction of EAA and warrants investigation, EAA will open a complaint file and assign an officer to follow up the case. Generally, the officer will interview the complainant, take a statement and collect other evidence. EAA will then get in touch with the subject of the complaint, set out the allegations and ask for his/her response. The officer may approach third parties (such as the other party in a property transaction) or investigate through other channels, for example, by conducting searches at the Land Registry and the Companies Registry.

If the evidence obtained indicates that licensees may have breached laws or behaved in an inappropriate manner , the case will be presented to the Disciplinary Committee of EAA. The Disciplinary Committee will then, based on the evidence, determine whether an Inquiry Hearing is necessary and whether disciplinary action be taken.

If the Disciplinary Committee decides to take disciplinary action against the licensee and he/she is unhappy with the decision, he/she has the right to appeal to an Appeal Tribunal, appointed by the Housing, Planning and Lands Bureau.

How does the Disciplinary Committee guarantee that Inquiry Hearings are conducted fairly?

The Disciplinary Committee handles everything in accordance with Proceeding Rules laid down by EAA. These ensure that the Disciplinary Committee handles all cases in a fair and consistent manner. In addition, both the subject of the complaint and the complainant have the opportunity to present evidence at the Inquiry Hearing, guaranteeing that the Disciplinary Committee takes into account the arguments on both sides. The subject of the complaint may also engage a lawyer to represent him/her at the disciplinary hearing.

Recently, the public has been concerned about estate agents providing false information and private sales of uncompleted residential flats. How does EAA protect the interests of consumers? Are there any aspects to which practitioners must pay particular attention?

First of all, EAA will continue to deal with every complaint in relation to estate agency practitioners' breaches of laws and regulations in a fair, just and even-handed manner. EAA will also conduct compliance checks at first-sale properties and estate agency shops to ensure that practitioners are conducting business in a law-abiding manner.

EAA seeks to discharge its duties in the best possible manner, and also hopes practitioners will co-operate with EAA and abide by the law and regulations.

Before advertising first or second-hand residential properties, an agent must first obtain the vendor's written consent. Any statement in any advertisement regarding information about the property must be truthful. In acting for first-sale properties, practitioners must present to prospective purchasers all details of units on offer and price lists obtained from the developer. Practitioners should suggest to the prospective purchaser to read carefully the developer's sales brochure, the building's draft deed of mutual covenant and the Government Lease before signing any sale and purchase agreement. Practitioners should also read circulars issued by EAA from time to time to ensure that they understand the relevant directives.

What types of complaints does EAA usually receive?

Common complaints include provision of false, misleading or incomplete information to consumers by estate agency practitioners; failure to provide any or adequate land search information; failure to fully explain the contents of the estate agency agreement; commission disputes; and failure to honour cash rebate promises.

From what you see at Inquiry Hearings, what is your view on the ethics, behaviour and overall standard of estate agency practitioners?

Generally good, but there are still some agents who do not observe the Estate Agents Ordinance, its subsidiary legislation, the Code of Ethics and Practice Directions issued by EAA. Though most breaches are not terribly serious, I would still like to appeal to all practitioners to practise their trade in a law-abiding manner.

If the subject of a complaint is dissatisfied with the Disciplinary Committee's decision, can he/she appeal?

According to Section 31 of the Estate Agents Ordinance, if EAA exercises its power of disciplinary sanction, the licensee may, within 21 days of the date of the relevant notice under section 30(5) of the Estate Agents Ordinance, lodge an appeal by a notice in writing addressed to the Secretary for Housing, Planning and Lands. A tribunal is responsible for determining the appeal.

In 2005, the number of complaints received by EAA exceeded that for the same period in the previous year. The number of allegations have also increased considerably compared with the same period last year.

Although EAA's workload has increased, we still strive to handle every complaint fairly, tackling each and every complaint carefully and conscientiously.