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Practice Directions

Part I     Introduction
1.1     Purpose
1.1.1 This document ("PD") is issued by the Estate Agents Authority ("EAA") for the purpose of providing guidance and directions to practitioners in the conduct of estate agency work.

1.1.2 This PD becomes effective on 1 January 2002 and supersedes the previous Practice Directions issued by the EAA on 1 November 1999.

1.2     Application

1.2.1 Whilst this PD itself is not legally binding, the main bulk of the provisions herein are based on the provisions in the Estate Agents Ordinance ("EAO"), the Estate Agents (Licensing) Regulation ("LR"), and the Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation ("PR"), the breach of which may subject a licensee to criminal sanctions and/or disciplinary actions.

1.2.2 This PD will be updated from time to time to provide guidance to practitioners in all aspects of estate agency work.

1.3     Interpretation

1.3.1 Except as otherwise provided herein, words and expressions used in this PD shall have the same meanings as in the EAO and its subsidiary legislation.

1.3.2 A reference to a gender shall include the opposite and the neuter gender. A reference to the singular mode shall include the plural and vice versa. A reference to vendor shall, where appropriate, include landlord, and a reference to purchaser shall, where appropriate, include tenant.

1.3.3 The directions herein relating to the provisions of the EAO, the LR, and the PR are for reference only. In case of any discrepancy between the two, the provisions of the EAO, the LR, and the PR shall prevail. Practitioners should consult the EAO, the LR, and the PR for details of the provisions. For ease of reference, the relevant section number(s) of the EAO, the LR, or the PR relevant to any part or parts of a direction is/are given in parentheses after such direction.

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