Legislative Council

LC Paper No. LS46/98-99

Paper for the House Committee Meeting of the Legislative Council on 23 October 1998

Legal Service Division Report on Subsidiary Legislation Gazetted on 16 October 1998

Date of Tabling in LegCo :21 October 1998
Amendment to be made by :18 November 1998 (or 25 November 1998 if extended by resolution)


Estate Agents Ordinance (Cap. 511)
Estate Agents (Licensing) Regulation (L.N. 328)
In exercise of its power under section 56(1) of the Estate Agents Ordinance (Cap. 511) ("EAO"), the Estate Agents Authority ("the Authority") has, with the approval of the Secretary for Housing, made this Regulation prescribing the following matters :-
  1. the form of the register of licences under section 13 of EAO;

  2. (in Schedule 1) the 14 forms for the purposes of EAO and this Regulation;

  3. (in Schedule 2) the fees for the grant or renewal of a licence, replacement or amendment of a licence or a statement of particulars of business and certification of a copy or extract form any entry in the register;

  4. the minimum age for holding a licence under this Regulation to be 18;

  5. the educational qualifications and experience requirements for application of licences;

  6. the minimum number of licensed directors for corporate licensed estate agent to be one;

  7. the period of validity of every licence granted or renewed to be 12 months or such lesser period as may be specified by the Authority from the date of such grant or renewal;

  8. the requirement of applying by a licensed estate agent before carrying on estate agency business at any place under a particular name for the grant of a statement of particulars of business for that place and name;

  9. the requirements for replacement, amendment of particulars and renewal of a licence or a statement of particulars of business;

  10. the duty of the licensee to display his licence conspicuously at each of his places of business and to state clearly and conspicuously the licensee's name, his licence number, his business name, and (in appropriate cases) his place of business on all letters, accounts, receipts, advertisements, pamphlets, and brochures issued by him or on his behalf; and

  11. the minimum period within which no new application for a licence may be made upon the revocation or the refusal of the grant or renewal of a licence to be 12 months from the date of such revocation or refusal or from the date of an appeal against the refusal or revocation being determined or abandoned.
This Regulation will come into operation on 19 November 1998.

According to the LegCo Brief Reference: HB TC 31/98 Pt.4 issued by the Housing Bureau on 20 October 1998, consultation with the trade and the public was conducted last May. A paper (LC Paper No. CB(1)148/98-99(06)) on the licensing requirements has also been submitted to the Housing Panel for information on 7 September 1998.

This Division is seeking clarification from the Administration on the right of the licensees to seek rectification of the register under section 13 of EAO and the effect of an appeal on the prescribed period prohibiting new application for a licence. A further report may be issued if necessary.

Estate Agents Ordinance (Cap. 511)
Estate Agents (Exemption from Licensing) Order (L.N. 329)
This Order exempts the following classes of persons from the requirement of obtaining an estate agent's licence or a salesperson's licence:
  1. a person who does estate agents work exclusively in relation to properties outside Hong Kong; and

  2. a dormant partner of a partnership carrying on an estate agency business.
This Order shall come into operation on 19 November 1998.

Estate Agents Ordinance (Cap. 511)
Estate Agents Ordinance (Cap. 511) (Commencement) Notice 1998 (L.N. 330)

This Notice appoints 21 October 1998 as the day on which :-
  1. Part III except sections 15 and 16; and

  2. sections 31, 32, 33, 35, 53, 54(2) and 55(1)(c), (d), (h)(iv), (i), (j) and (k), (3)(b) and (d) and (6)
of the Estate Agents Ordinance ("the Ordinance") shall come into operation.

Those provisions of the Ordinance related to the licensing regime, which are not commenced by this Notice, are targeted to be implemented on 1 January 1999 (see paragraph 9 of the LegCo brief referred to above under the report on L.N. 328).

Commodities Trading Ordinance (Cap. 250)
Commodities Trading (Trading Limits and Position Limits) (Amendment) Rules 1998 (L.N. 331)
These Rules seek to amend the Schedule to the Commodities Trading (Trading Limits and Position Limits) Rules (Cap. 250 sub. leg.) in the following manner:-
  1. by amending item 6 to state the current name of the relevant company;

  2. by repealing item 18 and substitute therefor a new HIBOR futures contract ;and

  3. by adding 12 new stock futures contracts (which by definition (section 2(1)) include options) numbering as items 19 to 30 whereby the trading and position limits of the number of futures contracts which may be entered into, or held or controlled by any shareholder of the Hong Kong Futures Exchange Limited in any one contract month for its own account or separately for each of its clients are set.
Members may refer to the LegCo Brief dated 25 September 1998 issued by the Securities and Futures Commission for further information.

Securities Ordinance (Cap. 333)
Securities (Exchange-Traded Stock Options) (Amendment) Rules 1998 (L.N. 332)
These Rules seek to amend the Schedule to the Securities (Exchange-Traded Stock Options) Rules (Cap. 333 sub. leg.) by amending the existing item 6 to state the current name of the relevant company and adding 11 new stock option classes numbering as items 41 to 51 whereby the limit of the number of option contracts which may be directly or indirectly held or controlled by any person in any one expiry month and the reporting level for holding and controlling such option contracts are set.

Members may refer to the LegCo Brief dated 25 September 1998 issued by the Securities and Futures Commission for further information.

Toys and Children's Products Safety Ordinance (Cap. 424)
Toys and Children's Products Safety Ordinance (Amendment of Schedule) Notice 1998 (L.N. 333)

By this Notice, the Schedule to the Toys and Children's Product Safety Ordinance (Cap. 424) is amended so that in relation to the products set out in the first column in the table below, the standards specified in the second column directly opposite to each of them shall be applicable in addition to the British Standard.

Table
Bunk beds for domestic useASTM* Standard
Australian / New Zealand Standard
European Standard
International Standard
Child safety barriers for domestic use ASTM* Standard
Children's cots for domestic useASTM*Standard
European Standard
International Standard
Children's paintsInternational Standard
Children's safety harnessAustralian Standard

* American Society for Testing and Materials

In respect of Playpens for domestic use and Wheeled child conveyance, consequential amendments are made upon the respective standard organisations' amendment of the relevant standards.

This Notice, other than section 2(f) and (g), shall come into operation on 28 November 1998 and section 2(f) and (g) shall come into operation on 1 January 1999.

Members may refer to the LegCo Brief Reference: TIB05/46/5 issued by the Trade and Industry Bureau in October 1998 for additional information.

Prepared by
KAU Kin-wah
Assistant Legal Adviser
Legislative Council Secretariat
21 October 1998