In 2024 Mr Kelvin Yu was convicted of an offence under the Estate Agents Ordinance and sentenced to 3 months’ imprisonment, suspended for 2 years. He now applies for a salesperson’s licence. Which statement is correct?
Answer: it must have regard to the conviction. A conviction under the EAO for which the person was sentenced to imprisonment, whether suspended or not, is a listed fit-and-proper factor. Why not the others: - Disregard because suspended: section 21(3)(e) expressly covers suspended sentences. - Only other Ordinances count: other-Ordinance convictions count where fraud, corruption or dishonesty was found; EAO convictions count where imprisonment was imposed. - Permanent bar: the conviction is a factor to weigh, not an automatic lifetime bar (a court may separately disqualify a person for up to 5 years under section 55(6)). Rule: EAO conviction + imprisonment (suspended or not) must be considered in deciding fitness and propriety. Source: Estate Agents Ordinance (Cap. 511), ss.21(3)(e) and 55(6); as at Oct 2026
Candidates think a suspended sentence does not count.
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Start practising →An original question written to the published SQE 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.