### Estate Agents Ordinance 《地產代理條例》

7. Directions by Chief Executive
(1) The Chief Executive may, if he considers the public interest so requires, give to the Authority such written general directions as to the performance of any of its functions as he considers appropriate.
(2) The Authority shall, as soon as practicable, comply with any direction under this section.
(3) A direction under this section shall remain in force until it is withdrawn by the Chief Executive.
(4) Nothing in this section shall be construed as enabling the Chief Executive to exercise any power or control in relation to—
(a) any particular application or other matter with which the Authority or a committee is concerned; or
(b) any particular case with which a tribunal appointed under section 32(6) is concerned or which is pending.
(Amended 44 of 2000 s. 3)

8. Authority may establish committees
(1) The Authority may establish any committee, whether as a standing committee or otherwise, and, besides exercising as regards such a committee the power conferred on the Authority by section 9, may refer or assign any matter for consideration by the committee.
(2) (a) Each of the members of a committee shall be appointed by the Authority.
(b) A committee shall consist of at least 3 members.
(c) (i) Subject to subparagraph (ii), a committee may include persons who are not members of the Authority.
(ii) A majority of the members of a committee established by the Authority as a standing committee shall be members of the Authority.
(d) Where a committee is established, the Authority shall appoint a person to be the chairman of that committee.
(3) A committee may be dissolved at any time by the Authority by resolution.
(4) Any reference or assignment under subsection (1) and every appointment under subsection (2) may be withdrawn or revoked by the Authority, and no such reference or assignment shall prevent or restrict the concurrent performance by the Authority of any of its functions.
(5) A committee may regulate its own procedure and business.

### Estate Agents Ordinance 《地產代理條例》

9. Delegation and sub-delegation of Authority’s functions
(1) The Authority may delegate any of the Authority’s functions, other than a function specified in subsection (3), to a committee, the Chief Executive Officer or any other officer of the Authority.
(2) (a) A delegation under this section shall not prevent or restrict the concurrent performance by the Authority of the function delegated.
(b) A delegation under this section may contain terms and conditions relating to the performance of the function delegated.
(3) The functions which the Authority may not delegate under subsection (1) are—
(a) the power to delegate conferred by subsection (1);
(b) the appointment of a committee under section 8;
(c) a power conferred by section 11(2) or (3) or 56 or any other regulation making power conferred on the Authority by this Ordinance.
(4) The Authority may revoke a delegation under this section.
(5) Where a person purports to act pursuant to a delegation under this section, he shall be presumed, until the contrary is proved, to be acting in accordance with the terms and conditions of the delegation.

### Estate Agents Ordinance 《地產代理條例》

11. Staff of Authority, consultants
(1) The Authority may appoint any person as it thinks fit to be its Chief Executive Officer or other officers or employees.
(2) Each of the Authority’s officers (including the Chief Executive Officer) and the other employees of the Authority shall, as regards their employment, be paid such remuneration and allowances and shall hold their offices or employment on such other terms and conditions as the Authority may determine.
(3) The Authority may make arrangements for or in respect of the provision and maintenance of such schemes (whether contributory or not) for the payment to or in respect of its employees of such retirement benefits, gratuities or other superannuation allowances as it may determine.
(4) The Authority may from time to time engage such consultants or advisers as it may consider necessary or expedient.

12. Accountants and audits, Authority’s report
(1) (a) The Authority shall keep proper accounts and records of its transactions and shall within 3 months after the expiry of a particular financial year, or such longer period as the Secretary may allow, prepare a statement of accounts.
(b) A statement of accounts referred to in paragraph (a) shall include an income and expenditure account for the financial year to which it relates and a balance sheet as on the last day of that financial year.
(2) A statement of accounts referred to in subsection (1)(a) shall give a true and fair view of the state of affairs of the Authority as at the end of the financial year to which the statement relates.
(3) A statement of accounts referred to in subsection (1)(a) shall be audited by an auditor who shall make a written report thereon to the Authority.
(4) The auditor by whom an audit required by subsection (3) is to be carried out shall be appointed by the Authority and any such appointment shall be subject to the Secretary’s approval.
(5) The Authority shall within 2 months of the receipt by it of the auditor’s report in respect of its accounts for a particular financial year, or such longer period as the Secretary may allow, and in any event not later than 6 months after the expiration of that financial year unless the Secretary otherwise allows, furnish to the Secretary—
(a) a report on the affairs of the Authority for that financial year;
(b) a copy of its statement of accounts for that financial year; and
(c) a copy of the auditor’s report for that financial year,
and the Secretary shall cause copies thereof to be laid on the table of the Legislative Council.
(6) Nothing in this section shall be construed as affecting section 15 of the Audit Ordinance (Cap. 122).

### Estate Agents Ordinance 《地產代理條例》

13. The register
(1) The Authority shall establish and maintain a register for the purposes of this Ordinance in such form as the Authority shall decide.
(2) The register shall contain—
(a) the following particulars as regards every licence granted under this Ordinance—
(i) the name of the person to whom the licence was granted;
(ii) the period or periods for which the licence was granted, including the period or periods (if any) for which the licence was renewed;
(iii) if the licence is suspended, the period during which it is suspended; and
(iv) if the licence is revoked, the date of revocation;
(b) separate lists of—
(i) the individuals to whom estate agent’s licences have been granted, being licences which are for the time being in force, together with the registered addresses of those individuals;
(ii) the companies to which estate agent’s licences have been granted, being licences which are for the time being in force, together with the registered addresses of those companies;
(iii) the individuals to whom salesperson’s licences have been granted, being licences which are for the time being in force, together with the registered addresses of those individuals; and
(c) such other particulars (if any) as may be prescribed.
(3) The Authority may at any time publish, in such manner as it considers appropriate, the names and registered addresses of the companies or other persons who are for the time being registered in the register, or the names and addresses of a particular class of companies or other persons who are so registered.
(4) (a) A document, signed by the Chief Executive Officer and certified by him as being a true copy of or extract from any part of the register shall, until the contrary is proved, be evidence of the particulars entered in the part of the register to which the document so signed and certified relates.
(b) It shall not be necessary in legal proceedings either to prove a signature on a document referred to in paragraph (a) or to prove that such a signature is that of the person holding the office of Chief Executive Officer on the date of the document.
(5) The Authority shall make the register available for public inspection, at such reasonable time as the Authority shall determine, on payment of a prescribed fee.
(6) Where a person applies to the Authority for a copy of or extract from any part of the register to be signed and certified as described in subsection (4), the Authority shall furnish the person with the copy or extract sought on payment of the prescribed fee (if any).