Page 83 - 地產代理監管局年報 2017/18 Estate Agents Authority Annual Report 2017/18
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ጐਞၾੂج Proactive in Law Enforcement
ఱͭجึஷཀ2018ῧᏘݹ፺ʿࢵʱɿ༟ږᘪ Subsequent to the passing of the Anti-Money Laundering and
ණږፄዚࡌࠈૢԷ˴ૢԷҷ၈͂Ꮨݹ Counter-Terrorist Financing (Financial Institutions) (Amendment)
፺ʿࢵʱɿ༟ږᘪණૢԷdਗ਼ܸ֛ʹɨٙج Ordinance 2018 (with the principal ordinance renamed as the Anti-
֛းᔖᄲݟʿ௪πা֛ᓒ࢝Їܸ֛ڢږፄБุ Money Laundering and Counter-Terrorist Financing Ordinance
ܼ̍ήପ˾ଣd္၍҅೯̈ɓ΅ᗫٙੂุஷ (“AMLO”)) at the Legislative Council, which extends the statutory
ѓdމܵɛί࠰ಥਞၾऒʿމ܄˒൯ርήପʹ customer due diligence and record-keeping requirements in specified
ࣛԶኬˏf࣬ኽவ΅ੂุஷѓdήପ˾ଣ̀મ transactions to designated non-financial businesses and professions
՟הϞΥଣણ݄˸ಯЭݹ፺ʿࢵʱɿᘪණ༟ږٙ (including estate agents), the EAA issued a relevant practice circular to
ࠬᎈdԨᆽڭʊϞቇٙཫԣણ݄fމୌΥ͂Ꮨݹ provide guidance for licensees when they are involved, in Hong Kong,
፺ʿࢵʱɿ༟ږᘪණૢԷٙᗫ֛dήପ˾ଣ in a transaction concerning the buying or selling of real estate for a
ʮ̡ʿՉ৷ॴ၍ଣᄴᏐՓ֛Ԩྼ݄ධ݁ഄeҏ client. According to the practice circular, estate agents must take all
ʿ၍છણ݄dܼ̍ࠬᎈ൙Пeးᔖᄲݟણ݄eܵᚃ reasonable steps to mitigate the risk of money-laundering and terrorist
္࿀܄˒eᑘజ̙ဲʹe௪πߏʿᔖࡰf financing as well as to ensure appropriate preventive measures are in
Ϥੂุஷѓ͵̊೮ኮజʕfމпุޢһə༆ʿ place. To fulfill the relevant requirements in the AMLO, estate agency
፭ς༈ੂุஷѓ֛ٙʿ͂Ꮨݹ፺ʿࢵʱɿ༟ږ companies and their senior management should establish and
ᘪණૢԷٙᗫૢ˖d္၍҅ၣ१Զəɓࢁਪ implement various policies, procedures and monitoring measures,
ၾഈeԒʱࣨྼڌࣸᇍԷʿܵɛٙఊԶ including risk assessment, customer due diligence measures,
ุޢਞϽf continuous monitoring of customers, suspicious transactions
reporting, record-keeping and staff training. The practice circular was
also published in the Gazette. To assist the trade to better understand
and comply with the requirements of the practice circular and the
relevant provisions of the AMLO, a set of related “Questions and
Answers”, “Sample Identity Verification Forms” and a “Checklist for
Licensees” were provided at the EAA website for the trade’ reference.
ҳൡၾԚݟ Complaints and Inspections
ஈଣҳൡၾݟ༔ Complaints and enquiries handling
္၍҅2017/18ϋܓટᐏ425֚ҳൡd༰2016/17 In 2017/18, the EAA received 425 complaints, a decrease of 11%
ϋܓٙ477֚ಯˇə11%f್ϾdϞᗫɓ˓Иσي from 477 complaints in 2016/17. However, the complaints concerning
ุቖਯٙҳൡ༰2016/17ϋܓٙ74֚dჀฆɪʺЇ the sale of first-hand residential properties had a slight increase from
2017/18ϋܓٙ80֚f425֚ٙҳൡܸ၈˴ࠅऒʿ 74 cases in 2016/17 to 80 cases in 2017/18. Key allegations of the
ʔѼഛஈଣᑗࣛ൯ርΥߒאᑗࣛॡߒeԶʔ 425 complaints included mishandling the provisional agreement for
ᆽאՈႬኬٙيุ༟ࣘd˸ʿ೯̈༼ᄿѓfЇ sale and purchase (or the provisional tenancy agreement), providing
ऒʿɓ˓Иσيุቖਯ௰੬Ԉٙҳൡۆܼ̍j͊ inaccurate or misleading property information and issuing non-
ϞᄵБΫᗍוፕe೯̈༼ᄿѓʿԶՈႬኬܲ compliant advertisement. The most common complaints related to
౧༟ࣘf first-hand residential properties included failure to honour rebate
promises, issuance of non-compliant advertisements, and provision of
misleading mortgage information.
္၍҅2017/18ϋܓટᐏ425֚ҳൡd༰2016/17ϋܓٙ477֚
ಯˇə 11%f
In 2017/18, the EAA received 425 complaints, a decrease of 11%
from 477 complaints in 2016/17.
ήପ˾ଣ္၍҅ t 2017 / 18 ϋజ 81
