Special vetting procedure
In order to be granted, hold or continue to hold a licence, a licence applicant or licensee must be considered a fit and proper person by the EAA. Some circumstances, which include a licence applicant or licensee having been convicted of a criminal offence, or an individual being an undischarged bankrupt / a company is in liquidation (as the case may be), will trigger the EAA to request the licence applicant / licensee concerned to provide the relevant documents and information for consideration. The relevant procedure is as follows:
- The EAA requests a licence applicant / licensee to provide the relevant documents and information.
- After reviewing the documents and information, the EAA may request the licence applicant / licensee to provide further documents and information.
- The EAA may also contact the relevant third parties (e.g. the police, the court, trustee-in-bankruptcy) to provide further information or verify the documents or information provided by the licence applicant / licensee.
- The Licensing Committee of the EAA may consider the case and make a decision.
- After a decision is made, the licence applicant / licensee will be notified in writing of the decision within 21 days of the decision.
It usually takes 3 to 6 months (from the date when the licence applicant / licensee provides all the required documents and information) to complete the above procedure.
For refusal of licence application, suspension or revocation of licence and attachment of conditions to licence, the licence applicant / licensee (as the case may be) may appeal against the EAA’s decision by filing a notice with the Secretary for Housing within 21 days of the notice of the decision.
The appeal will be heard by a tribunal consisting of members of a panel of persons appointed by the Secretary. These persons are independent of the EAA and their decisions are final.
Documents and information usually required include:
- Latest criminal conviction records (obtainable from the “Criminal Conviction Data Office” of the Hong Kong Police Force; relevant details are available on the Police’s website: www.police.gov.hk/ppp_en/11_useful_info/ccd.html ; enquiries can be made by email: email@example.com or by phone: 2860 6557);
- Brief facts, charge sheets, record of interview (which may be obtained from the relevant police station);
- Certificate of trial and transcripts of the court proceedings (which may be obtained from the relevant court); and
- Resumes, character references and records of continuing education.
- Bankruptcy order;
- Statement of affairs;
- Resumes, character references and records of continuing education; and
Provision of the required documents and information is purely voluntary. However, if the licence applicant / licensee does not provide the required documents and/or information, the EAA may not be in a position to consider him a fit and proper person in which case the licence application may be refused and/or the licence revoked.