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

48. Plans and documents to be made available to general public
(1) On a date of the sale mentioned in section 14(1), the vendor must make the following available for inspection by the general public free of charge at the place where the sale is to take place—
(a) a copy of either of the following plans relating to the development—
(i) the outline zoning plan or development permission area plan (whether in draft, partly approved or approved form) under the Town Planning Ordinance (Cap. 131); (Amended 25 of 2023 s. 125)
(ii) a plan that, by virtue of section 25(7) of the Urban Renewal Authority Ordinance (Cap. 563), is deemed to be a draft plan prepared by the Town Planning Board for the purposes of the Town Planning Ordinance (Cap. 131);
(b) a copy of the approved building plans for the development;
(c) a copy of—
(i) for an uncompleted development, the latest draft of every deed of mutual covenant in respect of the specified residential property as at that date; or
(ii) for a completed development, either or both of the following as applicable—
(A) every deed of mutual covenant in respect of the specified residential property that has been executed;
(B) the latest draft of every deed of mutual covenant in respect of the specified residential property as at that date;
(d) a copy of the land grant;
(e) the aerial photograph of the development as set out in the sales brochure for the development.
(2) For the purposes of subsection (1)(e), the aerial photograph—
(a) must be at a scale within the range of 1:700 to 1:800; and
(b) is not required to comply with section 7(3)(a) of Schedule 1.
(3) Subsection (1)(b) does not apply in the case of a specified NT development.
(4) If subsection (1) is contravened, the vendor 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》

49. Deed of mutual covenant and aerial photograph to be made available on website
(1) On a date of the sale mentioned in section 14(1), the vendor must make the following available for inspection on the website designated by the vendor for the development for the purposes of this Part—
(a) a copy of—
(i) for an uncompleted development, the latest draft of every deed of mutual covenant in respect of the specified residential property as at that date; or
(ii) for a completed development, either or both of the following as applicable—
(A) every deed of mutual covenant in respect of the specified residential property that has been executed;
(B) the latest draft of every deed of mutual covenant in respect of the specified residential property as at that date;
(b) the aerial photograph of the development as set out in the sales brochure for the development.
(2) For the purposes of subsection (1)(b), the aerial photograph is not required to comply with section 7(3)(a) of Schedule 1.
(3) If subsection (1) is contravened, the vendor commits an offence and is liable to a fine at level 6.

50. Floor plan of specified residential property
(1) If the vendor makes available for collection or inspection by the general public a floor plan of the specified residential property, the floor plan—
(a) must have the scale to which it is drawn marked on that plan; and
(b) must show the dimensions of the furniture (if any) shown on that plan.
(2) Subsection (1) does not apply to a floor plan of the specified residential property that is made available in the sales brochure.
(3) If subsection (1) is contravened, the vendor 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》

51. Application of sections 47 to 49 in case of phased development
(1) If the development is divided into 2 or more phases—
(a) section 47 applies as if a reference in that section to the development were a reference to the phase of which the specified residential property forms part; and
(b) sections 48 and 49 apply as if—
(i) a reference in sections 48(1)(c)(i) and 49(1)(a)(i) to an uncompleted development were a reference to an uncompleted phase;
(ii) a reference in sections 48(1)(c)(ii) and 49(1)(a)(ii) to a completed development were a reference to a completed phase; and
(iii) subject to subsection (2), a reference in sections 48 and 49 to the development were a reference to the phase of which the specified residential property forms part.
(2) Subsection (1)(b)(iii) does not apply to a reference in section 48(1)(a) to the development.

52. Deposit on entering into preliminary agreement
(1) A preliminary deposit of 5% of the purchase price is payable by a person to the owner on entering into a preliminary agreement for sale and purchase in respect of the specified residential property with the owner.
(2) If there is any conflict or inconsistency between subsection (1) and a provision of a preliminary agreement for sale and purchase, subsection (1) prevails over the provision to the extent of the conflict or inconsistency.
(3) The Secretary may, by notice published in the Gazette, amend subsection (1) by substituting another percentage for the percentage specified in that subsection.

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

53. Execution of agreement for sale and purchase
(1) This section applies if a person enters into a preliminary agreement for sale and purchase with the owner in respect of the specified residential property.
(2) If a person executes an agreement for sale and purchase in respect of the residential property within 5 working days after the date on which the person enters into the preliminary agreement for sale and purchase, the owner must execute the agreement for sale and purchase within 8 working days after that date.
(3) If a person does not execute an agreement for sale and purchase in respect of the residential property within 5 working days after the date on which the person enters into the preliminary agreement for sale and purchase—
(a) the preliminary agreement is terminated;
(b) the preliminary deposit is forfeited; and
(c) the owner does not have any further claim against the person for the failure.
(4) For the purposes of subsection (3)(c), any right of the owner under common law rules or equitable principles to make further claims against the person for the failure is abrogated.
(5) If subsection (2) is contravened, the owner commits an offence and is liable to a fine of $1,000,000.

54. Owner must not enter into preliminary agreement without certain provisions
The owner must not enter into a preliminary agreement for sale and purchase in respect of the specified residential property with any person unless that preliminary agreement contains the provisions set out in Schedule 4—
(a) with additional information inserted in accordance with the instructions specified in those provisions as printed in italics; and
(b) with deletions made in accordance with the instructions specified in those provisions as marked with an asterisk (*).