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

72. Advertisement must contain statement about sales brochure
(1) This section applies if the sales brochure for the development, or the sales brochure for the phase of which the specified residential property forms part, has been made available under section 25(1) at the time when the advertisement is published.
(2) An advertisement comprising moving visual images—
(a) if the advertisement is solely or principally in English, must contain the statement specified in subsection (5);
(b) if the advertisement is solely or principally in Chinese, must contain the statement specified in subsection (6); or
(c) if the advertisement is in both English and Chinese and does not fall within paragraph (a) or (b), must contain the statements specified in subsections (5) and (6).
(3) An advertisement comprising solely sound broadcasting—
(a) if the advertisement is solely or principally in English, must contain the statement specified in subsection (5); or
(b) if the advertisement is solely or principally in Cantonese, Putonghua or other Chinese dialect, must contain the statement in that language or dialect specified in subsection (6).
(4) Any other advertisement must contain a notice to the effect that a prospective purchaser is advised to refer to the sales brochure for any information on the development or the phase.
(5) The statement specified for the purposes of subsections (2)(a) and (c) and (3)(a) is—“Please refer to the sales brochure for details.”.
(6) The statement specified for the purposes of subsections (2)(b) and (c) and (3)(b) is—“詳情請參閱售樓說明書。”.
(7) If subsection (2), (3) or (4) is contravened, a person who publishes the advertisement, or causes the advertisement to be published, commits an offence and is liable to a fine at level 6.

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

74. Provision supplementary to section 73(7)
The statement specified for the purposes of section 73(7) is—
(a) if the advertisement is solely or principally in English, the statement set out below— “The photographs, images, drawings or sketches shown in this advertisement/promotional material represent an artist’s impression of the development concerned only. They are not drawn to scale and/or may have been edited and processed with computerized imaging techniques. Prospective purchasers should make reference to the sales brochure for details of the development. The vendor also advises prospective purchasers to conduct an on-site visit for a better understanding of the development site, its surrounding environment and the public facilities nearby.”;
(b) if the advertisement is solely or principally in Chinese, the statement set out below—

“本廣告╱宣傳資料內載列的相片、圖像、繪圖或素描顯示純屬畫家對有關發展項目之想像。有關相片、圖像、繪圖或素描並非按照比例繪畫及╱或可能經過電腦修飾處理。準買家如欲了解發展項目的詳情，請參閱售樓說明書。賣方亦建議準買家到有關發展地盤作實地考察，以對該發展地盤、其周邊地區環境及附近的公共設施有較佳了解。”; or
(c) if the advertisement is in both English and Chinese and does not fall within paragraph (a) or (b), the statement set out in paragraph (a) and the statement set out in paragraph (b).

75. Interpretation of Part 4
(1) For the purposes of this Part, a person makes a fraudulent misrepresentation—
(a) if the person makes a statement that, when it is made, is to the person’s knowledge false, misleading or deceptive;
(b) if the person makes a promise that, when it is made—
(i) is to the person’s knowledge incapable of being fulfilled; or
(ii) the person has no intention of fulfilling; or
(c) if—
(i) the person makes a statement; and
(ii) the person intentionally omits a material fact from the statement, with the result that the statement is rendered false, misleading or deceptive when it is made.
(2) For the purposes of this Part, a person makes a reckless misrepresentation—
(a) if the person recklessly makes a statement that, when it is made, is false, misleading or deceptive;
(b) if the person recklessly makes a promise that, when it is made, is incapable of being fulfilled; or
(c) if—
(i) the person makes a statement; and
(ii) the person recklessly omits a material fact from the statement, with the result that the statement is rendered false, misleading or deceptive when it is made.

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

76. Misrepresentation: criminal liability
(1) A person commits an offence if the person makes a fraudulent misrepresentation or reckless misrepresentation for the purpose of inducing another person to purchase any specified residential property.
(2) A person who commits an offence under subsection (1) 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.

77. Misrepresentation: civil liability
(1) This section applies if a person makes a fraudulent misrepresentation or reckless misrepresentation by which another person is induced to purchase a specified residential property.
(2) The person who makes the misrepresentation is liable to pay compensation by way of damages to the other person for any pecuniary loss that the other person has sustained as a result of the reliance by the other person on the misrepresentation. This subsection applies whether or not the person who makes the misrepresentation also incurs any other liability.
(3) An action may be brought against a person under subsection (2) even though the person has not been charged with or convicted of an offence by reason of a contravention of section 76.
(4) To avoid doubt, if—
(a) a court has jurisdiction to determine an action brought under subsection (2); and
(b) apart from this section, the court has jurisdiction to entertain an application for an injunction,

the court may grant an injunction in addition to, or in substitution for, damages, on such terms and conditions as it thinks fit.
(5) This section does not affect, limit or diminish any rights conferred on a person, or any liability that a person may incur, under the common law rules or equitable principles or any other Ordinance.

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

78. Dissemination of false or misleading information
(1) A person commits an offence—
(a) if the person disseminates, or authorizes or is concerned in the dissemination of, information that is likely to induce another person to purchase any specified residential property; and
(b) if—
(i) the information is false or misleading as to a material fact, and the person knows that, or is reckless as to whether, the information is false or misleading as to the material fact; or
(ii) the information is false or misleading through the omission of a material fact, and the person knows that, or is reckless as to whether, the information is false or misleading through the omission of the material fact.
(2) A person who commits an offence under subsection (1) 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.
(3) In this section—
disseminate (傳布) includes circulate or disclose.

79. Defence
If a person is charged with an offence under Part 2 or 3 (other than section 70), it is a defence to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by that person.