One of the salespersons who worked in my estate agency company has recently left my employ. Shall I, or the employee himself, inform the EAA?

Section 40 (2) of the Estate Agents Ordinance prescribes that the owner of an estate agency shop, when hiring a salesperson or when a salesperson leaves his employ (whether that employee be the holder of an Estate Agent (Individual) Licence or a Salesperson Licence), must inform the EAA in writing within 31 days. Section 40 (1) of the Ordinance further requires a licensee who is no longer engaged in estate agency work to inform the EAA in writing within 31 days of his cessation of work in the trade. Complying with these requirements would reduce the risk of others practising estate agency work in the names of licensees who are no longer in the business. Consumers* interests are also protected as, with such records of personnel movements, investigation may be instituted when problems arise.

Both types of notification may be effected by using standard forms provided by the EAA. For the hiring or cessation of employment of employees Form 9 is to be used, while Form 8 is for individuals to report their cessation of work in estate agency. The two forms may be downloaded from the EAA Website.

I was convicted for shoplifting when I was young. I have not committed an offence since then. I am now applying for an estate agent's licence. Do I have to state my previous conviction? Will the conviction decide against the grant of the licence to me?

The Rehabilitation of Offenders Ordinance provides for the removal of criminal record in the case of an individual who has been convicted for minor offences but who has not committed another offence within three years from the previous conviction. However, the Ordinance is not applicable to the statements required for the purpose of applying for certain professional licences and practising certificates. Shoplifting is an act of dishonesty and is a matter for which declaration is required in the application form for licence. Therefore an applicant with such a conviction must state so in his application form.

All applications for licences are vetted in accordance with the "fit and proper" requirements stipulated in the Estate Agents Ordinance. Whether an applicant who has committed an offence before will be granted a licence depends on individual circumstances, and the nature, time and background of the offence, as well as whether the applicant is in a position to provide favourable character references, will all be taken into consideration.