### Residential Properties (First-hand Sales) Ordinance 《一手住宅物業銷售條例》

80. Application and Interpretation of Division 2
(1) This Division applies in either of the 2 situations specified in subsections (2) and (3).
(2) The first situation is where—
(a) a person is charged with an offence under section 78(1) for disseminating, or authorizing or being concerned in the dissemination, of false or misleading information; and
(b) the contravention took place by reason only of—
(i) an issue or reproduction of the information;
(ii) a re-transmission of the information; or
(iii) a live broadcast of the information.
(3) The second situation is where—
(a) a person is charged with an offence under section 70 for publishing or causing to be published an advertisement containing information that is false or misleading in a material particular; and
(b) the contravention took place by reason only of—
(i) an issue or reproduction of the advertisement;
(ii) a re-transmission of the advertisement; or
(iii) a live broadcast of the advertisement.
(4) In this Division, a reference to issuing materials (including information or advertisement)—
(a) includes publishing, circulating, distributing or otherwise disseminating materials or their contents, whether—
(i) by any visit in person;
(ii) in a newspaper, magazine, journal or other publication;
(iii) by the display of posters or notices;
(iv) by means of circulars, brochures, pamphlets or handbills;
(v) by an exhibition of photographs or cinematograph films;
(vi) by any information system or other electronic device; or
(vii) by any other means, whether mechanically, electronically, magnetically, optically, manually or by any other medium, or by way of production or transmission of light, image or sound or any other medium; and
(b) also includes causing or authorizing materials to be issued.

### Residential Properties (First-hand Sales) Ordinance 《一手住宅物業銷售條例》

81. Defence: issue or reproduction of information or advertisement
(1) In the case of section 80(2)(b)(i) or (3)(b)(i), it is a defence to prove that—
(a) the issue or reproduction of the information or advertisement took place in the ordinary course of a business (whether or not carried on by the person charged with the offence), the principal purpose of which was issuing or reproducing materials provided by others;
(b) the person specified in subsection (2) did not devise the contents of the information or advertisement, either in whole or in part;
(c) the person specified in subsection (2) did not select, add to, modify or otherwise exercise control over the contents of the information or advertisement for the purpose of the issue or reproduction; and
(d) at the time of the issue or reproduction, the person charged with the offence did not know—
(i) for section 80(2)(b)(i), that the information was false or misleading as to a material fact or was false or misleading through the omission of a material fact; or
(ii) for section 80(3)(b)(i), that the information contained in the advertisement was false or misleading in a material particular.
(2) The person specified for the purposes of subsection (1)(b) and (c) is—
(a) if the business was carried on by the person charged with the offence, that person or any officer, employee or agent of that person; or
(b) if the business was not carried on by the person charged with the offence, that person.

### Residential Properties (First-hand Sales) Ordinance 《一手住宅物業銷售條例》

85. Time limit for prosecution
Despite section 26 of the Magistrates Ordinance (Cap. 227), proceedings in respect of an offence under this Ordinance, other than an indictable offence, may be brought within 3 years after the commission of the offence.

86. Appointment of Authority
(1) The Secretary—
(a) may appoint a public officer to be the authority for the purposes of this Ordinance; and
(b) may appoint other public officers to assist the Authority in the performance of the Authority’s functions.
(2) An appointment under subsection (1) is to be notified in the Gazette.

87. Functions of Authority
The functions of the Authority are—
(a) to administer the provisions of this Ordinance;
(b) to supervise compliance with Parts 2, 3 and 4;
(c) to educate the public on any matter relating to the provisions of this Ordinance; and
(d) to perform other functions conferred on the Authority by or under this Ordinance or any other enactment.

### Residential Properties (First-hand Sales) Ordinance 《一手住宅物業銷售條例》

88. Authority may issue guidelines
(1) The Authority may issue guidelines—
(a) indicating the manner in which the Authority proposes to perform any function or exercise any power; or
(b) providing guidance on the operation of any provision of this Ordinance.
(2) The Authority—
(a) must publish the guidelines in a manner appropriate to bring them to the notice of persons affected by them; and
(b) must make copies of the guidelines available to the public (in hard copy form or electronic form).
(3) Guidelines issued under this section are not subsidiary legislation.
(4) The Authority may amend or revoke any of the guidelines. Subsections (2) and (3) apply to an amendment or revocation of guidelines in the same way as they apply to the guidelines.
(5) A person does not incur any civil or criminal liability only because the person has contravened any of the guidelines. However, if, in any legal proceedings, the court is satisfied that a guideline is relevant to determining a matter that is in issue—
(a) the guideline is admissible in evidence in the proceedings; and
(b) proof that the person contravened or did not contravene the guideline may be relied on by any party to the proceedings as tending to establish or negate the matter.

89. Electronic database for information about residential properties
(1) The Authority may establish and maintain an electronic database of—
(a) information and statistics on the residential property market in Hong Kong; and
(b) information and statistics on any development situated in Hong Kong (other than a development that falls within section 10(3) or (5)).
(2) The Authority may delegate, in writing, to a public officer, or any person whom the Authority thinks fit, the power given to the Authority under subsection (1).

90. Directions by Secretary for Housing
(Amended L.N. 144 of 2022)(1) The Secretary may give directions to the Authority or a public officer appointed under section 86(1)(b), either generally or in a particular case, with respect to the performance of the functions, or the exercise of the powers, of the Authority or public officer (as the case may be).
(2) If a direction is given to the Authority or a public officer under subsection (1), the Authority or public officer must comply with the direction.