|
There are a number of offences specified in
the Ordinance which may be committed by any person or by a
licensee. These offences are committed if the acts are done “without reasonable excuse”. There are corresponding penalties for such offences.
Offences under the Ordinance (sections
in brackets) and corresponding penalties (in parentheses and in the schedule)
| 1. |
Any individual or company who
does or carries on the business of doing estate agency work
without an estate agent's licence. [s. 55(1)(a)]
(I) |
| 2. |
Any individual who acts or
does estate agency work as a salesperson without a
licence, or accepts employment or appointment as a salesperson from, or acts as a salesperson for, a person who does not hold an estate agent’s licence. [s. 55(1)(b)] (II) |
| 3. |
Any person who makes any statement
or furnishes any information, which is false and misleading
in a material particular, in connection with any application
for the grant or renewal of an estate agent's or a salesperson's
licence. [s. 55(1)(c),(d)] (IV) |
| 4. |
Any person who, otherwise than
in performing a function under the Ordinance, obliterates,
defaces or otherwise alters any existing entry in the
register maintained by the Authority or makes a new entry
therein. [s. 55(1)(k)] (II) |
| 5. |
Any person who fails to, when
required, produce to the Authority's investigator any
record or document relevant to the investigation which
is in his possession or under his control, or give the
investigator such explanation or further particulars in
respect of a record or other document produced, or give
assistance to the investigator. [s. 55(1)(e)] (II) |
| 6. |
Any person who performs or
assists the Authority's investigation but fails to maintain
confidentiality in respect of all matters and information
furnished for the purposes of the investigation. [s. 55(1)(f)]
(II) |
| 7. |
Any person without an estate
agent's licence accepts or acts pursuant to an appointment
of a manager under s.38 of the Ordinance. [s.
55(1)(g)] (III) |
|
8. |
Any person who makes any statement
or furnishes any information, which is false or misleading
in a material particular, in purported compliance with s.28(5) of the Ordinance. [s. 55(1)(h)(i)] (II) |
| 9. |
Any person who makes any statement
or furnishes any information, which is false or misleading
in a material particular, in purported compliance with any requirement imposed on him for the purposes of an inquiry conducted by the Authority or a disciplinary committee.
[s. 55(1)(h)(ii)] (II) |
| 10. |
Any person, who is being given an opportunity of being heard under s.30(2) of the Ordinance before any disciplinary power is exercised by the Authority or the disciplinary committee, makes any statement
or furnishes any information, which is false or misleading
in a material particular. [s. 55(1)(h)(iii)] (II) |
| 11. |
Any person who makes any statement
or furnishes any information, which is false or misleading
in a material particular, in purported compliance with
any requirement imposed on him for the purposes of the
proceedings conducted by an appeal tribunal. [s. 55(1)(h)(iv)]
(II) |
| 12. |
Any person who makes any statement
or furnishes any information, which is false or misleading
in a material particular, in purported compliance with
any requirement imposed on him for the purposes of the
proceedings of a determination by the Authority of any
dispute as regards commission. [s. 55(1)(h)(v)] (II) |
| 13. |
Any person who, when summoned
or required to attend as a witness or
produce a document or other things or answer any questions
put to him under the Ordinance, fails or refuses to do so. [s. 55(1)(i)] (II) |
| 14. |
Any person who obstructs the
Authority or any person in the exercise or performance
of any of its or his functions. [s. 55(1)(j)] (II) |
| 15. |
Any licensed estate agent who,
for or in connection with an estate agency business, uses
any name other than that specified in his licence. [s.
55(2)(a)] (V) |
| 16. |
Any licensed salesperson who
for or in connection with an estate agency business, uses
any name other than that specified in his licence. [s.
55(2)(a)] (VI) |
| 17. |
Any licensed estate agent who employs or continues
to employ as a salesperson any person who is not the holder of a licence. [s. 55(2)(b)] (V) |
| 18. |
Any licensed estate agent who fails to repay to a client moneys received
for or on account of the client, or fails to use the moneys or
any part thereof for the making of payments to the client
or as the client instructs. [s. 55(2)(c)] (II) |
| 19. |
Any licensed estate agent who fails to forthwith pay
to the estate agent by whom he is employed moneys received
for or on account of a client of the estate agent. [s.
55(2)(d)] (II) |
| 20. |
Any licensed salesperson who fails to forthwith pay to
the estate agent by whom he is employed moneys received
for or on account of a client of the estate agent. [s.
55(2)(d)(III)] |
| Note: |
1. |
The above are for reference only. Please
refer to the Estate Agents Ordinance for details. |
|
2. |
The court or the magistrate may order
that any person who is convicted of an offence under the
Ordinance shall be disqualified for holding a licence
for such period not exceeding 5 years beginning on the
date of such conviction. |
| Schedule - Penalty |
| |
(i) on conviction upon indictment |
(ii) on summary conviction |
| I. |
a fine of $500,000,
imprisonment for 2 years or both |
a fine at level 6
($50,001-$100,000),
imprisonment for 6 months or both |
| II. |
a fine of $200,000,
imprisonment for 1 year or both |
a fine at level 6
($50,001-$100,000),
imprisonment for 6 months or both |
| III. |
a fine of $150,000,
imprisonment for 6 months or both |
a fine at level 5
($25,001-$50,000),
imprisonment for 3 months or both |
| IV. |
a fine at level 6 ($50,001-100,000),
imprisonment for 1 year or both |
a fine at level 5
($25,001-$50,000),
imprisonment for 6 months or both |
| V. |
a fine at level 6 ($50,001-100,000),
imprisonment for 6 months or both |
a fine at level 5
($25,001-$50,000),
imprisonment for 6 months or both |
| VI. |
a fine at level 6 ($50,001-100,000),
imprisonment for 3 months or both |
a fine at level 5
($25,001-$50,000),
imprisonment for 1 month or both |
|
