### Estate Agents Ordinance 《地產代理條例》

49. Disputes as regards commission
(1) Where—
(a) there is a dispute between a licensed estate agent and 1 or more of his clients as regards a commission or other fee of such agent;
(b) the dispute relates to the amount of the commission or other fee or the manner in which it is to be calculated or is payable; and
(c) the requirements of section 45 are complied with in relation to the commission or other fee,
the dispute may, with the agreement of such agent and his client or, where appropriate, each of his clients, be referred to the Authority for determination by it.
(2) The Authority may at any time, whether before or after commencement of the proceedings conducted for the purposes of a determination under this section, either of its own motion or upon the application of any of the parties who referred the dispute to the Authority under this section, decline jurisdiction if—
(a) the amount of the commission or other fee in dispute exceeds the amount prescribed for the purposes of this subsection; or
(b) it is otherwise of the opinion that for any reason the dispute should not be determined by it.
(3) (a) The practice and procedure to be adopted in the proceedings of a determination by the Authority under this section shall, subject to this section and to any regulation made hereunder, be determined by the Authority.
(b) The Authority may, with the approval of the Secretary, by regulation regulate the practice and procedure to be adopted in the proceedings of a determination under this section or otherwise relating to such proceedings.

50. Appeals to District Court
(1) Subject to this section, an appeal shall lie to the District Court from any determination of the Authority under section 49.
(2) (a) No appeal shall lie from a determination of the Authority under section 49 after the expiry of 14 days from the date of such determination.
(b) The District Court may, if it thinks fit, extend the period within which to appeal under this section, whether or not the period within which to so appeal has expired.
(3) On an appeal under this section, the District Court may confirm, vary or reverse any determination of the Authority under section 49 and may make such order as to costs as it may think fit.
(4) On an appeal under this section, a decision of the District Court shall be final.
(5) An appeal which is pending determination under this section shall not operate as a stay of execution of a determination by the Authority under section 49, unless the District Court otherwise orders, and any stay of execution may be subject to such conditions as to costs, the giving of security or otherwise as the District Court may think fit.

### Estate Agents Ordinance 《地產代理條例》

51. Jurisdiction of District Court on appeal
(1) Save as is provided in this Ordinance, the District Court shall, upon or in connection with any question to be determined on an appeal under section 50, have all the powers and jurisdictions exercisable by it in or in connection with civil actions before it in the like manner as if it had by the District Court Ordinance (Cap. 336) been empowered to determine an appeal under section 50 whatever the amount involved, and the law, rules and practice relating to such civil actions and to the enforcement of judgments and orders of the District Court shall mutatis mutandis apply.
(2) The District Court shall have jurisdiction to hear and determine any appeal under section 50 notwithstanding that the amount claimed exceeds the sum mentioned in section 33 of the District Court Ordinance (Cap. 336).
(3) The District Court may, in any proceedings brought in the District Court on an appeal under section 50, order that there shall be included in the sum for which an order for payment is made interest at such rate as it thinks fit on the whole or any part of such sum for the whole or any part of the period between the date when the cause of action arose and the date of the order.

52. Determinations of Authority may be registered in District Court
After the period within which to appeal under section 50 has expired, a determination by the Authority of any dispute under section 49 may, where no appeal under section 50 is pending determination, be registered, in such manner as may be specified by the Registrar of the District Court, in the District Court and shall, on such registration, become for all purposes a judgment of the District Court and may be enforced accordingly, notwithstanding that the amount for which the determination has been given is otherwise not within the jurisdiction of the District Court.
(Amended 23 of 2002 s. 126)

53. Partnerships
(1) The Authority may, with the approval of the Secretary, by regulation provide that this Ordinance is, as regards licensed estate agents who are members of a partnership to which the regulations apply, to apply to them with prescribed modifications or subject to other amendments (including exceptions) which are prescribed, and regulations under this section may contain such other provisions as will enable the regulations to have full effect.
(2) The Authority may by regulation so made provide that, where 2 or more licensed estate agents are members of a partnership to which the regulations apply, prescribed requirements or other prescribed provisions of this Ordinance shall, as regards each of the members, be regarded as being complied with if, and only if, the requirement or other provision has been complied with by at least 1 of such members.

### Estate Agents Ordinance 《地產代理條例》

54. Immunity
(1) No personal liability shall be incurred by any person in respect of anything done, or omitted to be done, by him in good faith in relation to the performance or purported performance of any function under this Ordinance (including a function duly delegated under this Ordinance).
(2) (a) Without affecting the generality of subsection (1), this subsection applies to—
(i) an investigation conducted by an investigator under section 28;
(ii) an inquiry conducted by the Authority or by a disciplinary committee under section 29;
(iii) proceedings conducted by a tribunal under section 32; or 
(iv) proceedings of a determination by the Authority of any dispute under section 49.
(b) A person who complies with a requirement made for the purposes of any investigation, inquiry or proceedings referred to in paragraph (a) shall not incur any liability to any person by reason only of that compliance.
(c) No liability shall be incurred by any person by reason only of something said or otherwise done by him in good faith at or in connection with any investigation, inquiry or proceedings referred to in paragraph (a).
(d) As regards any investigation, inquiry or proceedings referred to in paragraph (a), any party, counsel, solicitor, witness or other person appearing at or otherwise participating in the investigation, inquiry or proceedings shall have the same privileges and immunities as he would have if the investigation, inquiry or proceedings were civil proceedings conducted by the Court of First Instance. (Amended 25 of 1998 s. 2)