### Estate Agents Ordinance 《地產代理條例》

41. Giving of notices
Any notice which is required by this Ordinance to be given shall be properly given if—
(a) in the case of an individual, it is—
(i) delivered to him; or
(ii) left at, or sent by post to, his registered address;
(b) in the case of a company, it is—
(i) delivered to an officer of the company; or
(ii) left at, or sent by post to, the company’s registered address.

42. Liability of directors, etc.
Where a person by whom an offence under this Ordinance has been committed is a company and it is proved that the offence was committed with the consent or connivance of a director or other officer concerned in the management of the company, or any person purporting to act as such director or officer, the director or other officer or the person, as the case may be, shall be guilty of the like offence.

43. Estate agents’ liability for certain moneys received
(1) An estate agent is liable to repay to a client, moneys received by or on behalf of that agent for or on account of that client, being moneys received in the course of his business as an estate agent.
(2) Where—
(a) in the course of an estate agency business moneys are received by or on behalf of a person when that person is acting as a salesperson and is employed by the estate agent concerned; and
(b) the moneys are so received for or on account of a client of the estate agent,
the person referred to in paragraph (a) shall forthwith pay such moneys, or cause them to be paid, either to the estate agent or to an account maintained by that agent pursuant to the requirements of regulations under section 37.
(3) Where moneys are—
(a) received by an estate agent in a manner described in subsection (1); or
(b) paid by a salesperson pursuant to and in accordance with subsection (2); or
(c) kept on deposit by an estate agent pursuant to the requirements of regulations under section 37,
the estate agent shall comply with the following provisions, namely, apart from complying with the requirements of such regulations, he shall use the moneys or any part thereof for, and only for, the following purposes—
(i) the making of payments to the client concerned; or
(ii) the making of other payments if, and only if, any such payment is made pursuant to and in accordance with such client’s prior written instructions regarding that payment.

### Estate Agents Ordinance 《地產代理條例》

44. Advertising

(* partially commenced)
(1) The Authority may, with the approval of the Secretary, by regulation regulate advertising by licensed estate agents to whom the regulations apply in such manner as appears to the Authority to be appropriate.
(2) Without affecting the generality of subsection (1), regulations under this section may—
(a) prohibit the inclusion by licensed estate agents in advertisements issued by them or on their behalf, and relating wholly or partly to their estate agency business, statements or particulars which are false or misleading in a material particular;
(b) prohibit the issue by licensed estate agents or on their behalf of advertisements as regards a particular property unless the vendor concerned has previously agreed to such issue and the terms of the agreement are contained in an estate agency agreement, whether entered into with such licensed estate agents or otherwise;
(c) require prescribed statements or particulars to be included in all advertisements to which the regulations apply or in advertisements which are of a prescribed class or description;
(d) prohibit the inclusion in such advertisements of prescribed statements or particulars.

Editorial Note:

* This section came into operation on 1 November 1999 only for the purposes of its application to and in relation to any property in Hong Kong used wholly or primarily for human habitation—see L.N. 190 of 1999. 

45. Estate agency agreement required as regards certain proposals and undertakings

(* partially commenced)
(1) Where a person (in this section referred to as the agent) proposes or undertakes (whether for a commission or other fee or not) to perform estate agency work for a client, whether as regards a particular property or not, a right or other cause of action whereby damages or any other relief or remedy may be recovered or obtained in legal proceedings as regards the proposal or undertaking shall lie at the suit of the agent if, and only if—
(a) an agency agreement (in this Ordinance referred to as an estate agency agreement) embodying the terms of the proposal or undertaking, being an agreement between the agent and the client which is in the prescribed form and which contains such particulars (if any) in respect of the proposal or undertaking as are prescribed for the purposes of this section has been entered into and, in the case of a written document, properly executed; and
(b) the agent was a licensed estate agent at the time when the estate agency agreement was so entered into and executed.
(2) Where a person (the agent

### Estate Agents Ordinance 《地產代理條例》

47. Duty to supply copy of unexecuted estate agency agreement

(* partially commenced)
(1) If an unexecuted estate agency agreement is presented personally by or on behalf of a licensed estate agent for signature by or on behalf of a client of that agent, but on the occasion when it is to be so signed the document does not become an executed such agreement, a copy of it, and of any other document referred to in it, must be delivered there and then by that agent to the person to whom the unexecuted such agreement was so presented.
(2) If an unexecuted estate agency agreement is sent by or on behalf of a licensed estate agent for signature by or on behalf of a client of that agent, a copy of it, and of any other document referred to in it, must be sent at the same time to the person whose signature is sought.
(3) For the purposes of section 45, an estate agency agreement is not properly executed if the requirements of this section are not complied with.

Editorial Note:

* This section came into operation on 1 November 1999 only for the purposes of its application to and in relation to any property in Hong Kong used wholly or primarily for human habitation—see L.N. 190 of 1999. 

48. Duty to supply copy of executed estate agency agreement

(* partially commenced)
(1) If an unexecuted estate agency agreement is presented personally by or on behalf of a licensed estate agent for signature by or on behalf of a client of that agent, and on the occasion when it is signed the document becomes an executed such agreement, a copy of the executed such agreement, and of any other document referred to in it, must be delivered there and then by that agent to the person to whom the unexecuted such agreement is so presented.
(2) A copy of an executed estate agency agreement, and of any other document referred to in it, must be given to the client of the licensed estate agent within the period of 7 days following the execution of the agreement unless—
(a) subsection (1) applies; or
(b) the unexecuted estate agency agreement was sent by or on behalf of the licensed estate agent for signature by or on behalf of the client and, on the occasion when it was so signed, the document became an executed such agreement.
(3) For the purposes of section 45, an estate agency agreement is not properly executed if the requirements of this section are not complied with.

Editorial Note:

* This section came into operation on 1 November 1999 only for the purposes of its application to and in relation to any property in Hong Kong used wholly or primarily for human habitation—see L.N. 190 of 1999.