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

63. Exception: all residential properties in development or phase sold under single agreement etc.
(1) Divisions 2, 3, 4, 5, 6 and 7 do not apply in any of the 3 situations specified in subsections (2), (3) and (4).
(2) The first situation is that all the residential properties in a multi-unit building in a development consisting of one or more multi-unit buildings but not houses (being specified residential properties)—
(a) are sold by the owner to the same person under a single preliminary agreement for sale and purchase or agreement for sale and purchase; or
(b) are offered by the owner to be sold to any other person on the condition that those residential properties will only be sold to the same person under a single preliminary agreement for sale and purchase or agreement for sale and purchase.
(3) The second situation is that all the residential properties in a development consisting of houses but not multi-unit buildings (being specified residential properties)—
(a) are sold by the owner to the same person under a single preliminary agreement for sale and purchase or agreement for sale and purchase; or
(b) are offered by the owner to be sold to any other person on the condition that those residential properties will only be sold to the same person under a single preliminary agreement for sale and purchase or agreement for sale and purchase.
(4) The third situation is that either or both of the residential properties specified in subsection (5)(a) and (b)—
(a) are sold by the owner to the same person under a single preliminary agreement for sale and purchase or agreement for sale and purchase; or
(b) are offered by the owner to be sold to any other person on the condition that those residential properties will only be sold to the same person under a single preliminary agreement for sale and purchase or agreement for sale and purchase.
(5) The following are specified for the purposes of subsection (4)—
(a) all the residential properties in a multi-unit building in a development consisting of one or more multi-unit buildings as well as houses (being specified residential properties);
(b) all the residential properties in the houses in such a development (being specified residential properties).
(6) In the first, second or third situation, the fact that the residential properties are sold, or offered to be sold, with other properties in the development is not relevant. Subsection (1) does not operate to disapply Divisions 2, 3, 4, 5, 6 and 7 in the case of those other properties.
(7) If the development is divided into 2 or more phases, a reference in this section to a development is a reference to a phase of the development.

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

64. Exception: property sold or offered to be sold to associated entity
Divisions 2, 3, 4, 5, 6 and 7 do not apply if—
(a) the specified residential property is sold by a corporation or a specified body, or is offered by a corporation or a specified body to be sold, to an associate corporation, or a holding company, of the corporation or specified body; or
(b) the specified residential property is sold by an individual, or is offered by an individual to be sold, to an immediate family member of the individual.

65. Exception: development constructed by Housing Authority
Divisions 2, 3, 4, 5, 6, 7 and 8 do not apply if the development is constructed by the Housing Authority.

66. Exception and additional requirement: property sold or offered to be sold to sitting tenant
(1) Divisions 3, 4, 5 and 6 do not apply in the situation specified in subsection (2).
(2) The situation is that the specified residential property is sold by the owner, or is offered by the owner to be sold, to any other person—
(a) who holds that property under a tenancy (other than a Government lease); and
(b) who, as at the date of that property being sold or offered to be sold (as the case may be), has so held that property for a continuous period of at least one year.
(3) Division 2 does not apply in the situation specified in subsection (2) if that other person agrees in writing that the Division does not apply.
(4) In the situation specified in subsection (2), the vendor must, as soon as practicable after the property is offered to be sold to that other person, provide that other person with a single document (vendor’s information form

67. Exception: property sold or offered to be sold by way of auction or tender
Division 3 does not apply if the specified residential property is sold by the owner, or is offered by the owner to be sold, to any other person by way of auction or tender.

68. Additional requirement: specified residential property in completed development
(1) If a specified residential property in a completed development, or a completed phase of a development, is offered by the owner to be sold to a person, the vendor must, as soon as practicable after the offer is made, provide the person with a single document (vendor’s information form

69. Application of Part 3
This Part applies to an advertisement purporting to promote the sale of any specified residential property.

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

70. Advertisement must not contain false or misleading information
(1) A person commits an offence if—
(a) the person publishes an advertisement containing information that is false or misleading in a material particular or causes such an advertisement to be published; and
(b) the person knows that, or is reckless as to whether, the information is false or misleading in the material particular.
(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.

71. General requirements for advertisement
(1) If an advertisement is published by the vendor or by another person with the consent of the vendor, the advertisement must state that fact.
(2) In the case of an advertisement purporting to promote the sale of any specified residential property in an uncompleted development or a completed development pending compliance, the advertisement must state a date that is, to the best of the vendor’s knowledge, the estimated material date for the development.
(3) In the case of an advertisement purporting to promote the sale of any specified residential property in an uncompleted phase, or a completed phase pending compliance, of a development—
(a) subsection (2) does not apply; and
(b) the advertisement must state a date that is, to the best of the vendor’s knowledge, the estimated material date for the phase.
(4) An advertisement must not give information on the size or unit price of any specified residential property otherwise than by reference to the saleable area of that property.
(5) If subsection (1) is contravened, the person who publishes the advertisement, or causes the advertisement to be published, commits an offence and is liable to a fine at level 6.
(6) If subsection (2), (3)(b) or (4) is contravened, the person who publishes the advertisement, or causes the advertisement to be published, commits an offence and is liable to a fine of $500,000.
(7) In this section—
unit price (單位售價), in relation to any specified residential property, includes—
(a) the price of the property per square foot; and
(b) the price of the property per square metre.