### Estate Agents Ordinance 《地產代理條例》

31. Appeals
(1) Where—
(a) an application for the grant or renewal of a licence is refused under section 24;
(b) a condition is attached to a licence pursuant to section 17;
(c) a licence is suspended or revoked under section 27; or
(d) a power under section 30 is exercised,
the applicant, the licensee concerned or the former such licensee, as the case may be, may, within the period of 21 days beginning on the date of the relevant notice under section 24(2), 27(5) or 30(5) or of the relevant licence, as the case may be, by a notice in writing addressed to the Secretary, appeal against the refusal, or, as may be appropriate, the attachment, suspension, revocation or exercise.
(2) Where a notice of appeal under this section is given, the Secretary shall cause notice of the appeal to be published in the Gazette.
(3) (a) Where a notice of an appeal is published pursuant to subsection (2), any person may within the period of 21 days beginning on the date of such publication, by a notice in writing addressed and delivered to the Secretary, request to be heard at the appeal to which the notice so published relates.
(b) Where a notice referred to in paragraph (a) is received by the Secretary, the person by or on whose behalf it was given shall be entitled to be heard or represented at the appeal to which the notice relates.

32. Appeal panel and tribunals
(1) For the purpose of hearing appeals under section 31, the Secretary shall appoint a panel of persons (the panel

### Estate Agents Ordinance 《地產代理條例》

34. Inquiry proceedings
(1) For the purposes of an inquiry under section 29, the Authority or, as the case may be, the disciplinary committee conducting the inquiry shall have the following powers—
(a) to take evidence on oath;
(b) to summon any person to attend the inquiry to give evidence or produce any document or other thing which may be relevant to the inquiry and which is in his possession or under his control and to examine him as a witness; and
(c) to award to a witness such expenses as, in the opinion of the Authority or, as the case may be, the disciplinary committee, he has reasonably incurred by reason of his attendance.
(2) A summons under this section shall be in the prescribed form and shall be signed by—
(a) in the case the inquiry is conducted by the Authority, the Chairman;
(b) in case the inquiry is conducted by a disciplinary committee, the chairman of the disciplinary committee.
(3) At any inquiry conducted under section 29—
(a) the complainant, or his counsel or solicitor;
(b) the Chief Executive Officer;
(c) any other officer of the Authority expressly appointed by it as regards the inquiry; or
(d) if the Authority so directs, counsel or a solicitor for the Authority,
shall present the case against the licensee to whom the inquiry relates.
(4) (a) Subject to paragraphs (b) and (c), an inquiry under section 29 shall be conducted in public.
(b) Where the Authority or, as the case may be, the disciplinary committee conducting an inquiry under section 29, after consulting the complainant and the licensee to whom the inquiry relates, is satisfied that it is desirable to do so, it may by order—
(i) direct that the inquiry or a part or parts of the inquiry shall take place in private and give directions as to the persons who may be present;
(ii) give directions prohibiting or restricting the publication or disclosure by any or all of the persons who may be present (including the complainant and the licensee to whom the inquiry relates) of any evidence given at the inquiry or of any matter contained in any document or thing produced or received in evidence for the purposes of the inquiry.
(c) Without limiting the generality of paragraph (b), the Authority or the disciplinary committee conducting an inquiry under section 29 shall, in determining whether or not it is desirable to make an order under that paragraph, take into account any views of the complainant and the licensee to whom the inquiry relates, including the private interests of and any claim as to privilege by any of those persons.
(d) For the purposes of this subsection, any question in relation to a claim by any person as to privilege shall be a question of law.
(5) Section 33(2) shall apply mutatis mutandis to an inquiry conducted under section 29.

### Estate Agents Ordinance 《地產代理條例》

35. Contractual or other liability unaffected by suspension, etc. of licences
No contractual or other liability shall be affected in any way by reason only of the suspension, revocation or expiration of a licence.

### Estate Agents Ordinance 《地產代理條例》

40. Notice of certain events
(1) Where a licensee ceases to be engaged in estate agency work, he shall, before the expiration of the period of 31 days beginning on the date of the cesser, notify the Authority in writing thereof.
(2) Where a licensed estate agent—
(a) employs a person as a salesperson; or
(b) ceases to employ a person as a salesperson,
the agent shall, before the expiration of the period of 31 days beginning on the date of the employment or, where appropriate, the cesser, notify the Authority in writing of the employment or cesser.
(3) Where a licensed estate agent—
(a) appoints a person as a manager for the purposes of this Ordinance; or
(b) terminates the appointment of such a manager,
the agent shall, before the expiration of the period of 31 days beginning on the date of the appointment or, where appropriate, the termination, notify the Authority in writing of the appointment or termination.
(4) Where a company is a licensed estate agent, and—
(a) a person is appointed as a director of the company; or
(b) a person ceases to be such a director,
the company shall, before the expiration of the period of 31 days beginning on the date of the appointment or, where appropriate, the cesser, notify the Authority in writing of the appointment or cesser.
(5) Where—
(a) a licensed estate agent—
(i) becomes a member of a partnership; or
(ii) ceases to be a member of a partnership; and
(b) the partnership does, or it is proposed that it will do, estate agency work,
the agent shall, before the expiration of the period of 31 days beginning on the date of his so becoming or ceasing to be such a member, notify the Authority in writing thereof.
(6) In addition to notification of the matters contained in subsections (1), (2), (3), (4) and (5), a notice for the purposes of any of those subsections shall contain such additional particulars (if any) as are prescribed for the time being for the purposes of this section by the Authority, and the Authority may in addition prescribe the manner in which any such particulars are to be verified.