Mr Ho Kwok-wai complained about salesperson Ricky Fung, whose licence was then suspended. Ricky has appealed and notice of the appeal has been published in the Gazette. Mr Ho wants to be heard at the appeal. What does the Estate Agents Ordinance provide?
Answer: Within 21 days beginning on the date the notice of appeal is published in the Gazette, any person may ask the Secretary in writing to be heard, and is then entitled to be heard or represented. Why not the others: - Applying to the Authority within 21 days of the decision: the request goes to the Secretary and the period runs from the Gazette publication of the appeal. - Only if invited: a person who gives notice in time is entitled to be heard. - No standing: section 31(3) gives any person this right. Rule: The Secretary publishes notice of each appeal in the Gazette (section 31(2)); any person may, within 21 days of that publication, request in writing to be heard, and is then entitled to be heard or represented (section 31(3)). Source: Estate Agents Ordinance (Cap. 511), sections 31(2) and 31(3); as at Oct 2026
Candidates think an appeal involves only the licensee and the EAA, but any person can ask to be heard after the Gazette notice.
Practise more SQE Statutory duties, discipline and offences questions
Exam-style questions with worked answers, then full timed mocks. Free to start.
Build a daily practice habit : a few exam-style questions a day, with worked answers. Free to start.
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.