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

7. Interpretation: vendor
(1) A reference to the vendor in Part 2 or Schedule 1 or 8 in relation to a sale by the owner of a residential property in a development or in a phase of a development, or in Part 3 in relation to any residential property in a development or in a phase of a development, is a reference to the owner of the residential property.
(2) However, where that owner engages a person to co-ordinate and supervise the process of designing, planning, constructing, fitting out, completing and marketing the development or phase, subsections (3) and (4) apply.
(3) A reference to the vendor, in Part 2 or Schedule 1 or 8 in relation to such a sale, is—
(a) subject to paragraphs (b), (c) and (d), a reference to both that owner and the person so engaged;
(b) in the case of a provision creating an offence, section 59(1)(i), (2)(a)(vi) or (3)(f), or section 2(2)(a) of Schedule 1, a reference to each of the following—
(i) that owner;
(ii) the person so engaged;
(c) in the case of section 31(8), section 3(2), (3) or (4) of Schedule 1, or section 1(e), (f), or (g) of Schedule 8, a reference to either of the following—
(i) that owner;
(ii) the person so engaged; or
(d) in the case of section 38(2) or (3), 46(1) or 50(1), a reference to both or either of the following—
(i) that owner;
(ii) the person so engaged.
(4) A reference to the vendor, in Part 3 in relation to such residential property, is—
(a) subject to paragraphs (b) and (c), a reference to both that owner and the person so engaged;
(b) in the case of section 73(3)(a), a reference to each of the following—
(i) that owner;
(ii) the person so engaged; or
(c) in the case of section 71(1), a reference to either of the following—
(i) that owner;
(ii) the person so engaged.

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

8. Interpretation: saleable area and related expressions
(1) In this Ordinance—
saleable area (實用面積), in relation to a residential property—
(a) means the floor area of the residential property;
(b) includes the floor area of every one of the following to the extent that it forms part of the residential property—
(i) a balcony;
(ii) a utility platform;
(iii) a verandah; and
(c) excludes the area of every one of the items specified in Part 1 of Schedule 2 to the extent that it forms part of the residential property.

(2) For the purposes of this Ordinance, the floor area of a residential property—
(a) subject to subsection (4), is to be measured from the exterior of the enclosing walls of the residential property;
(b) includes the area of the internal partitions and columns within the residential property; and
(c) excludes the area of any common part outside the enclosing walls of the residential property.
(3) For the purposes of this Ordinance, the floor area of a balcony, utility platform or verandah—
(a) subject to subsections (4) and (5), is to be measured from the exterior of the enclosing walls of the balcony, utility platform or verandah;
(b) includes the area of the internal partitions and columns within the balcony, utility platform or verandah; and
(c) excludes—
(i) the area of any common part outside the enclosing walls of the balcony, utility platform or verandah; and
(ii) the area covered by any enclosing wall that abuts onto the residential property.
(4) If any enclosing wall separates a residential property, balcony, utility platform or verandah from an adjoining residential property, balcony, utility platform or verandah, the measurement is to be taken from the middle of the wall.
(5) If a balcony, utility platform or verandah is enclosed otherwise than by a solid wall, the floor area is to be measured from the external boundary of the balcony, utility platform or verandah.
(6) For the purposes of this Ordinance, the area of an item specified in Part 1 of Schedule 2 is to be calculated in accordance with Part 2 of that Schedule.

9. Interpretation provisions not applicable to Schedules 4 to 7
Unless otherwise expressly provided, sections 2(1) and (2), 3, 4, 5, 6, 7 and 8 do not apply to Schedules 4, 5, 6 and 7.

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

10. Application of this Ordinance
(1) This Ordinance applies to any residential property in a development situated in Hong Kong in respect of which property—
(a) neither a preliminary agreement for sale and purchase nor an agreement for sale and purchase has ever been entered into; and
(b) no assignment has ever been made.
(2) Despite subsection (1), this Ordinance does not apply in either of the situations specified in subsections (3) and (5).
(3) The first situation is that—
(a) where the development is not divided into 2 or more phases—
(i) the development is a completed development; and
(ii) at least 95% of the number of the residential properties in the development are qualified residential properties; or
(b) where the development is divided into 2 or more phases—
(i) the phase of which the residential property forms part is a completed phase; and
(ii) at least 95% of the number of the residential properties in that phase are qualified residential properties.
(4) In subsection (3)—
(a) a reference to a qualified residential property is a reference to a residential property that has been held under a tenancy (other than a Government lease) for a continuous period of at least 36 months, or for several periods that in the aggregate equal at least 36 months, since—
(i) in the case of a specified NT development—
(A) the issue of a no-objection letter by the Director of Lands in respect of the building comprised in the development; or
(B) the issue of a certificate of compliance or a consent to assign by the Director of Lands in respect of the development; or
(ii) in the case of any other development or a phase of a development, the issue of the occupation permit; and
(b) a reference to the number of residential properties in a development or a phase of a development is, in the case of a development other than a specified NT development, a reference to the number of residential properties as set out in the occupation permit.
(5) The second situation is that—
(a) the development is one as defined by section 3(1)(b); and
(b) a certificate of exemption is issued under section 5(a) of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 121) in respect of building works for the building comprised in the development.