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

92. Offences relating to section 91
(1) A person commits an offence if the person, without reasonable excuse, fails to comply with a specified requirement imposed on the person.
(2) A person commits an offence if the person, with intent to defraud, fails to comply with a specified requirement imposed on the person.
(3) A person commits an offence if—
(a) in purported compliance with a specified requirement imposed on the person, the person produces any record or document, or gives an answer or response, or gives any explanation or particulars, that are false or misleading in a material respect; and
(b) the person knows that, or is reckless as to whether, the record or document, or the answer or response, or the explanation or particulars, are false or misleading in a material respect.
(4) A person commits an offence if, in purported compliance with a specified requirement imposed on the person, the person, with intent to defraud, produces any record or document, or gives an answer or response, or gives any explanation or particulars, that are false or misleading in a material respect.
(5) A person commits an offence if, being an officer or employee of a corporation, the person, with intent to defraud—
(a) causes or allows the corporation to fail to comply with a specified requirement imposed on the corporation; or
(b) causes or allows the corporation, in purported compliance with a specified requirement imposed on the corporation, to produce any record or document, or give an answer or response, or give any explanation or particulars, that are false or misleading in a material respect.
(6) A person is not excused from complying with a specified requirement imposed on the person only on the ground that to do so might tend to incriminate the person.
(7) A person who commits an offence under subsection (1) is liable to a fine of $500,000 and to imprisonment for 6 months.
(8) A person who commits an offence under subsection (2), (3), (4) or (5) is liable—
(a) on conviction on indictment to a fine of $5,000,000 and to imprisonment for 7 years; or
(b) on summary conviction to a fine of $1,000,000 and to imprisonment for 3 years.
(9) In this section—
specified requirement (指明要求) means a requirement imposed under section 91.

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

93. Confidentiality of matter or information obtained in investigation
(1) Except in the performance of any function under this Ordinance, the Authority or a public officer appointed under section 86(1)(b) must maintain confidentiality in respect of any matter or information produced or given for the purpose of an investigation under section 91.
(2) Subsection (1) does not prevent—
(a) the disclosure of information that has already been made available to the public;
(b) the disclosure of information for the purpose of any criminal proceedings in Hong Kong or an investigation conducted with a view to bringing any such proceedings;
(c) the disclosure of information in connection with any judicial or other proceedings to which the Authority is a party; or
(d) the disclosure of information in accordance with an order of a court, magistrate or tribunal, or in accordance with a law or a requirement made under a law.

94. Use of incriminating evidence in proceedings
(1) If the Authority, or a public officer appointed under section 86(1)(b), requires a person to give an answer or response to any question, or to give an explanation or further particulars, under section 91, the Authority or officer must ensure that the person has first been informed or reminded of the limitations imposed by subsection (2) on the admissibility in evidence of—
(a) the requirement; and
(b) the question and the answer or response, or the explanation or particulars.
(2) Despite anything in this Part, if—
(a) the Authority, or a public officer appointed under section 86(1)(b), requires a person to give an answer or response to any question, or to give an explanation or further particulars, under section 91; and
(b) the answer or response, or the explanation or particulars, might tend to incriminate the person, and the person so claims before giving the answer or response or giving the explanation or particulars,

the requirement, as well as the question and the answer or response, or the explanation or particulars, are not admissible in evidence against the person in criminal proceedings in a court of law other than those specified in subsection (3).
(3) The criminal proceedings are those in which the person is charged with an offence under section 92(1), (2), (3), (4) or (5), or under Part V of the Crimes Ordinance (Cap. 200), or for perjury, in respect of the answer or response, or the explanation or particulars.

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

95. Amendment of Schedules
The Secretary may, by notice published in the Gazette, amend Schedule 1, 2, 3, 4, 5, 6, 7 or 8.