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SQESalespersons Qualifying Examination✓EAQEEstate Agents Qualifying ExaminationA developer's representative offers salesperson Ms Lau a HK$20,000 personal 'thank-you' if she steers her purchaser clients to the developer's project. Her employer does not know. What is the legal position?
Answer: An offence for both under section 9 of the Prevention of Bribery Ordinance. Why not the others: - The developer is not her client: Section 9 covers advantages from any person as an inducement in relation to the principal's affairs. - Declaring it for tax: Tax treatment does not supply the principal's permission. - Only on complaint: The offence exists regardless of complaints. Rule: An agent who, without lawful authority or reasonable excuse, solicits or accepts an advantage as an inducement or reward for doing an act in relation to the principal's affairs commits an offence, as does the offeror; the principal's permission is a defence. EAA Circular No. 07-01 (CR) reminds licensees of section 9. Source: Prevention of Bribery Ordinance (Cap. 201), section 9; EAA Practice Circular No. 07-01 (CR); as at Oct 2026
Thinking only advantages from one's own client can be bribery.
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Start practising →An original question written to the published EAQE syllabus. Figures in the explanation carry their effective dates; check them against the current law before relying on them. Independent exam practice. Not affiliated with or endorsed by the Estate Agents Authority (EAA) or the examination administrator.