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SQESalespersons Qualifying Examination✓EAQEEstate Agents Qualifying ExaminationWendy Lui, a salesperson with Harbour Realty Limited, acts for the vendor of a flat in Lotus Garden, Tai Wai. A purchaser, Mr Sze, hands her a HK$10,000 red packet to persuade the vendor to accept his lower offer instead of a higher one. Wendy accepts it without telling her employer or the vendor. Under the Prevention of Bribery Ordinance (Cap. 201), who commits an offence?
Answer: Both of them. Section 9(1) makes it an offence for an agent, without lawful authority or reasonable excuse, to accept an advantage as an inducement or reward for doing an act, or showing favour, in relation to the principal's affairs. Section 9(2) makes it an offence for any person to offer the advantage. Why not the others: - Only Wendy: Section 9(2) makes the offeror equally guilty. - Only public servants are covered: Section 9 is the private-sector offence. 'Agent' includes any person employed by or acting for another, and a salesperson is an agent of both her employer and the client. - Returning the money before completion: The offence is complete on acceptance without the principal's permission. Returning it later is no defence. Rule: In private-sector bribery, the agent who accepts and the person who offers both commit offences, unless the principal permitted it. Source: Prevention of Bribery Ordinance (Cap. 201), sections 2 and 9(1) and (2); EAA, A Study Guide to Estate Agency Law and Practice, Part 3 para 57; as at Oct 2026
Forgetting that the person offering the advantage also commits an offence under section 9(2).
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