Other ordinances in agency practice

Seven ordinances outside the Estate Agents Ordinance that shape everyday agency work: land contracts in writing, registration of instruments, HOS resale limits, personal data and direct marketing, unconscionable contracts, misrepresentation and bribery. The SQE tests them at awareness level, so most marks come from knowing the one rule each listed section sets, and its penalty.

Part I · Stand-alone questions10 min read8 sections

Checked against the Conveyancing and Property Ordinance (Cap. 219), ss.3, 5 and 6; Land Registration Ordinance (Cap. 128), ss.2 to 5A; Housing Ordinance (Cap. 283), ss.17A, 17AA, 17B, 27A and Schedule; Personal Data (Privacy) Ordinance (Cap. 486), ss.2, 19, 35A to 35M and Schedule 1; Unconscionable Contracts Ordinance (Cap. 458), ss.5 and 6; Misrepresentation Ordinance (Cap. 284), ss.2 to 4; Control of Exemption Clauses Ordinance (Cap. 71), s.3; Prevention of Bribery Ordinance (Cap. 201), ss.2, 5, 9, 12 and 19; EAA Practice Circulars Nos. 07-01 (CR) and 13-05 (CR); EAA, A Study Guide to Estate Agency Law and Practice, Part 3; checked 11 Oct 2026.

Must-know for the exam

No action on a land contract unless it, or a note or memorandum of it, is in writing and signed by the party to be charged or his agent (Cap. 219, s.3(1)).
An oral lease is valid only for 3 years or less, in possession, at the best rent and without a premium; otherwise it is an interest at will (Cap. 219, s.6).
Registration under Cap. 128 gives priority, not title. An instrument registered within one month of execution ranks from its own date (s.5); otherwise from registration (s.3).
Unregistered instruments are void against a later bona fide purchaser or mortgagee for value, even with notice, except bona fide rack-rent leases up to 3 years (Cap. 128, s.3(2)).
HOS flats: alienation in breach of the Housing Ordinance Schedule is void (Cap. 283, s.17B) and an offence (s.27A). Premium = prevailing market value x original discount rate.
PDPO (Cap. 486) Schedule 1 has six data protection principles: collection, accuracy and retention, use, security, openness, and access and correction. Data access requests: answer within 40 days (s.19).
Direct marketing: notify and get consent before first use; oral consent must be confirmed in writing within 14 days (s.35E). Breach: up to HK$500,000 and 3 years.
Providing personal data to another person for gain without written consent: up to HK$1,000,000 and 5 years (Cap. 486, ss.35J and 35K).
Prevention of Bribery Ordinance (Cap. 201) s.9: the agent who accepts and the person who offers an advantage without the principal's permission both offend; up to HK$500,000 and 7 years (s.12).
Cap. 284 s.3(1): the representor pays damages unless he proves reasonable grounds for believing the statement; exclusion clauses must pass the Cap. 71 reasonableness test (s.4).

On this page · 8 sections

Traps that cost marks

Thinking the claimant's own signature is enough.
Treating section 3 as needing both signatures, or as tied to the vendor, instead of to the party being sued.
Missing that section 5 needs the agent's authority in writing while section 3 does not, and forgetting the part performance and implied trust savings.
Thinking every oral lease is only an interest at will.
Assuming possession plus payment makes an oral lease of more than 3 years with a premium valid.
Confusing the signed-writing rule for equitable interests in section 5 with the deed rule for legal estates in section 4.
Treating registration as a guarantee of title.
Thinking the first to sign always wins.

Why this matters in the exam

SQE syllabus 3.7.1 to 3.7.7 names particular sections of seven ordinances. Part 3 of the SQE syllabus is set at Level 1 (awareness), so questions are short: which ordinance applies, what one section requires, or what the maximum penalty is. The right answer often turns on a single phrase such as 'signed by the party to be charged', 'within one month' or 'for gain'.

Each one touches daily work: the provisional agreement must satisfy Cap. 219 s.3, the land search is read under Cap. 128, HOS flats carry resale limits under Cap. 283, client lists are personal data under Cap. 486, and a broker's 'thank-you' payment can be an advantage under Cap. 201.

Land contracts and registration (Cap. 219 and Cap. 128)

Section	Rule	Exam angle
Cap. 219 s.3(1)	No action on a contract for the sale or other disposition of land unless the agreement, or a note or memorandum of it, is in writing and signed by the party to be charged or a person lawfully authorised by him	A provisional agreement signed only by the purchaser binds the purchaser, not the vendor. s.3(2) keeps part performance
Cap. 219 s.5	Creating or disposing of an equitable interest, or declaring a trust of land, needs signed writing; resulting, implied and constructive trusts are not affected	Deeds are needed only for legal estates
Cap. 219 s.6	An oral (parol) interest takes effect only at will, except a lease in possession for 3 years or less, at the best rent reasonably obtainable, without a premium

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