### Estate Agents Ordinance 《地產代理條例》

21. Grant of salesperson’s licences restricted
(1) A salesperson’s licence shall not be granted to a body of persons, whether corporate or unincorporate.
(2) An individual shall not be eligible to be granted or hold or continue to hold a salesperson’s licence unless—
(a) he has attained the age which is for the time being prescribed for the purposes of this subsection;
(b) he satisfies the Authority—
(i) that he has a good understanding of any regulations made for the time being under section 56(1)(j) and which apply to a licensed salesperson;
(ii) that he has the educational qualifications or experience or both prescribed for the time being in regulations under section 56(1)(d) and which apply to him; and
(iii) that he complies with such other requirements (if any) as are prescribed for the time being in regulations under section 56(1)(g) and which apply to him; and
(c) the Authority otherwise considers him a fit and proper person to hold a salesperson’s licence.
(3) In determining whether a person is fit and proper for the purpose of holding a salesperson’s licence, the Authority shall have regard to the following—
(a) the fact that the person is an undischarged bankrupt, or has, within the 5 years immediately prior to the day on which the Authority considers, or, where appropriate, begins to consider the matter, made a composition or scheme of arrangement with his creditors;
(b) the fact that the person is a director or officer of a company which is for the time being disqualified under this Ordinance for holding a licence, or was a director or officer of that company at the date when the company was so disqualified;
(c) the fact that the person is a mentally disordered person or a patient within, in either case, the meaning of section 2 of the Mental Health Ordinance (Cap. 136);
(d) any conviction, whether in Hong Kong or elsewhere, of the person for any offence (other than an offence under this Ordinance), being a conviction as regards which it was necessary to find that the person acted fraudulently, corruptly or dishonestly; and
(e) any conviction of the person under this Ordinance in respect of which he has been sentenced to imprisonment, whether the sentence is suspended or not.

22. Applications for grant of licences
(1) An application for the grant of a licence shall be made to the Authority in the prescribed manner and be in the prescribed form and it shall also contain such particulars (if any) as are prescribed under section 56(1)(b) and apply in relation to it.
(2) Where a licence is granted under this Ordinance, the Authority shall cause notice thereof to be published in the Gazette.

### Estate Agents Ordinance 《地產代理條例》

23. Renewal of licences
(1) A licensee may apply in the prescribed manner to the Authority to renew the relevant licence.
(2) Where an application is allowed under this section, subject to compliance with any regulations under section 56 which are relevant to the application, the Authority may in allowing the application do all or any of the following, namely, vary or remove conditions already attached to the licence or attach new conditions to the licence.
(3) Pending the determination of an application under this section, the Authority shall, where the licence whose renewal is sought has expired, grant a provisional licence to the applicant and whether or not conditions were attached to the licence whose renewal is sought, the Authority when granting such a provisional licence may attach thereto such conditions (if any) as it considers appropriate.
(4) Where an application under this section is allowed, the Authority shall cause notice thereof to be published in the Gazette.
(5) (a) An application under subsection (1) may, and may only, be made before the licence in respect of which renewal is sought expires.
(b) Where an application under this section is allowed, the period of renewal shall be such as the Authority specifies when allowing the application and such period shall begin to run or, where appropriate, shall be deemed to have begun to run, immediately after the day on which the relevant licence would otherwise have expired.

24. Refusal of application for licence or renewal
(1) The Authority may refuse an application for the grant or renewal of a licence if, and only if it is satisfied that any 1 or more of the requirements of such of the following as apply in the particular case, namely, section 18, 19, 20, 21 or 22, are not met or complied with by the applicant or that any 1 or more of such requirements or other provisions of regulations under this Ordinance as are relevant to the application are not complied with or otherwise satisfied.
(2) Where an application for the grant or renewal of a licence is refused, the Authority shall, within the period of 21 days beginning on the date of the refusal, notify the applicant in writing of its decision and such notification shall state the reasons for the decision.

### Estate Agents Ordinance 《地產代理條例》

25. Application for licence, etc. not to be made within prescribed period
(1) Where—
(a) an application for the grant or renewal of a licence is refused; or
(b) a licence is revoked by the Authority,
the applicant or, where appropriate, the former licensee shall not be entitled to make an application under section 22 or 23 within the period prescribed for the purposes of this section.
(2) Notwithstanding subsection (1), the Authority may allow an application under section 22 or 23 within the period prescribed for the purposes of this section if, and only if, it is satisfied by the applicant that to refuse to allow the application would, having regard to the particular circumstances of the case, be unreasonable.
(3) Subject to subsection (2), an applicant described in subsection (1) shall, during the period prescribed for the purposes of this section, be regarded as being disqualified for holding a licence.

26. Form of licences, payment of licence fee and duration of licences
(1) A licence shall be in the prescribed form and shall not have effect unless and until the relevant prescribed fee has been paid by or on behalf of the applicant for the licence.
(2) Subject to any regulation made in that regard under section 56, the period during which a licence is to be in force shall be that specified in the licence.

### Estate Agents Ordinance 《地產代理條例》

28. Investigations
(1) Where the Authority has reason to believe that a requirement or other provision of this Ordinance, or an AML/CTF requirement, may not have been complied with or, where appropriate, may have been contravened by a licensee, the Authority may appoint in writing 1 or more of its employees, or 1 or more certified public accountants (practising), or both (the investigator

29. Complaints
(1) A complaint that a licensee—
(a) has failed to comply with the requirements of, or has contravened, any 1 or more provisions of this Ordinance with which he is required to comply and which are specified in the complaint;
(b) is not eligible to hold or continue to hold a licence under section 19, 20 or 21, or is not entitled to be granted a licence under section 18, as the case may be;
(c) has failed to comply with a specified condition attached to his licence;
(d) has failed to comply with, or has contravened, 1 or more regulations made under this Ordinance and which are so specified; or
(e) has failed to comply with, or has contravened, an AML/CTF requirement,(Added 4 of 2018 s. 38)
shall be made to the Authority which may, in its discretion, deal with the matter itself or refer the matter to a disciplinary committee.
(2) Where the Chief Executive Officer has reason to believe that subsection (1)(a), (b), (c), (d) or (e) applies to a licensee he shall submit the facts to the Authority which may, in its discretion, deal with the matter itself or refer the matter to a disciplinary committee.
(3) The Authority or the disciplinary committee to which the matter is referred under subsection (1) or (2), having considered the case, may in its discretion conduct such inquiry as it thinks fit.
(Amended 4 of 2018 s. 38)