Page 73 - 地產代理監管局年報 2017/18 Estate Agents Authority Annual Report 2017/18

౤ʺҪᗫણ݄ Advance in Gatekeeping

೯೐ Licensing

೯೐Փܓ Licensing Regime
ήପ˾ଣૢԷ‘஝֛dৰݔԬԷ̮ઋر̮d΂Оί As stipulated in the Estate Agents Ordinance (“EAO”) and subject
࠰ಥ੽ԫήପ˾ଣʈЪٙɛɻd̀඲ܵϞϞࣖٙ೐ to certain exceptions, any person practising estate agency work in
๫dщۆึᙃ͕جԷf the course of business in Hong Kong must hold a valid licence.
Failure to do so is an offence.

೐๫ʱމՇ၇dʱйމᐄุࡰ೐๫ʿήପ˾ଣ೐ There are two types of licences, namely, salesperson’s licence and
๫fᐄุࡰ೐๫සึҭʚࡈɛiϾήପ˾ଣ೐๫ۆ estate agent’s licence. A salesperson’s licence may only be granted
̙ҭʚࡈɛאʮ̡f to an individual while an estate agent’s licence may be granted
either to an individual or a company.

ᐄุࡰ೐๫ၾήପ˾ଣ೐๫ٙ˴ࠅʱйί׵jܵϞ The major difference between an estate agent’s licence and a
ήପ˾ଣ೐๫ٙࡈɛ̙މܵ೐ήପ˾ଣ੽ԫήପ˾ salesperson’s licence is that a person holding an estate agent’s
ଣʈЪא˸ዹ༟຾ᐄ٫eΥྫ຾ᐄٙΥྫɛאܵϞ licence may perform estate agency work either for a licensed estate
ήପ˾ଣ೐๫ٙʮ̡໨ԫԒ΅੽ԫήପ˾ଣʈЪf agent or in his capacity as a sole proprietor, a partner of a
˼͵̙ዄ΂ήପ˾ଣᒍɨݔɓᐄุήᓃٙ຾ଣ dࠋ partnership, or a director of a company holding an estate agent’s
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பϞࣖʿዹͭછՓՉุਕf್ϾdܵϞᐄุࡰ೐๫ licence. He may also be appointed as a manager of an office of an
ٙɛɻස̙މܵ೐ήପ˾ଣ੽ԫήପ˾ଣʈЪf estate agency business responsible for its effective and separate
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control . However, a person holding a salesperson’s licence may
only perform estate agency work for a licensed estate agent.

ήପ˾ଣίݔήᓃ˸त֛ᐄุΤ၈຾ᐄήପ˾ଣุ Before operating an estate agency business at a particular place of
ਕۃd̀඲Σ္၍҅͡ሗҭഗᐄุ༉ઋႭ׼ࣣf business using a particular business name, an estate agent is
required to apply for a statement of particulars of business
(“SPOB”).

΂Оɛɻ̀඲ୌΥ˸ɨࠅӋd˙̙ᐏ೯ήପ˾ଣ೐ To be granted an estate agent’s licence or a salesperson’s licence,
๫אᐄุࡰ೐๫j an individual must fulfill the following requirements:

t ϋတ18๋i t IBWJOH BUUBJOFE UIF BHF PG ZFBST

t ҁϓʕኪʞϋॴאΝഃ೻ܓٙ઺ԃi t IBWJOH DPNQMFUFE BO FEVDBUJPOBM MFWFM PG 'PSN 'JWF PG
secondary education or its equivalent;

2
t ίϞᗫٙ༟ࣸϽ༊ʕϽᐏΥࣸϓᐶ iʿ t IBWJOH QBTTFE UIF SFMFWBOU RVBMJGZJOH FYBNJOBUJPO ; and
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t ஗္၍҅Ⴉމ݊ܵ೐ٙ˜ቇ຅ɛ፯™f t IBWJOH CFFO DPOTJEFSFE CZ UIF &"" B iGJU BOE QSPQFSw
person.

1 ήପ˾ଣૢԷ‘ୋ38ૢ஝֛dήପ˾ଣᒍɨٙӊࡈᐄุή 1 Section 38 of the EAO requires each office of an estate agency business to be
ᓃd඲͟ɓΤ຾ଣϞࣖձዹͭٙછՓdϾ༈Τ຾ଣ̀඲މ under the effective and separate control of a manager who must be a holder of
ήପ˾ଣ೐๫ٙܵϞɛf an estate agent’s licence.
2 ͡ሗɛ̀඲׵౤ʹ೐๫͡ሗ຅˚ৎࠇٙۃ12ࡈ˜ʫί༟ࣸ 2 The qualifying examination must have been passed within 12 months
Ͻ༊ʕϽᐏΥࣸϓᐶf immediately before the date of an application for the grant of a licence.

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