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Following is a question by the Hon Albert Chan and a written reply by the Secretary for Housing, Planning and Lands, Mr Michael Suen, in the Legislative Council today (March 1):
Question:
Nuisances are frequently caused by estate agents to residents in such districts as Tung Chung, Tsuen Wan and Sham Shui Po. Some estate agents often promote first-sale properties at walkway ends in these districts, causing inconvenience to passers-by, and many of them even stop vehicles on the roads, tapping on their windows to attract the attention of the people inside, hence jeopardising the safety of road users. Moreover, conflicts have arisen among estate agents in their scramble for clients in public places, causing disturbance to public peace and order. In this connection, will the Government inform this Council:
(a) of the number of complaints received by the authorities in each of the past three years about the nuisances caused by estate agents to local residents in their promotion of properties on the streets; and
(b) whether it plans to step up the regulation of estate agents' sales promotion practices in public places, such as including additional conditions in the estate agent's licence to regulate on-street promotion activities by estate agents, so as to minimise their nuisances to the public; if so, of the details; if not, the reasons for that?
Reply:
Madam President,
The Estate Agents Authority (EAA) is an independent statutory body established under the Estate Agents Ordinance, responsible for administering the qualifying examinations and the licensing and regulatory regime for estate agents, as well as ensuring that practitioners provide estate agency services according to the law. All licensees must comply with the Code of Ethics and Practice Circulars issued by EAA in carrying out estate agency work. Disciplinary actions will be taken against those who fail to comply. My reply to the two parts of the question is as follows:
(a) In the past three years, EAA has received the following number of complaints in relation to estate agents causing nuisances to the public or engaging in unruly or rowdy behaviours in public places in the course of promoting property sales:
Table 1
Year No.
2003 10
2004 9
2005 9
(Note: The figures in Table 1 are based on the dates the complaints were received.)
EAA has exercised disciplinary powers to suspend the licences of estate agents found to have been in serious breach of regulations, as follows:
Table 2
Year No.
2003 5
2004 7
2005 11
(Note: The figures in Table 2 are based on the dates of the disciplinary sanctions.)
(b) EAA places great importance on order at first-sale sites and operation of estate agents in promoting first-sale properties in public places. In view of the rising number of first-sale properties on offer in the past year, EAA has stepped up inspection of first-sale sites and their vicinity to minimise possible nuisances that may be caused to the public by estate agents in the course of their promotional activities. In 2005, EAA conducted more than 900 such inspections, doubling that of 2004. During an inspection, if estate agents are found to be engaging in improper conduct (such as stopping vehicles on carriageways or gathering at nearby MTR or KCR exits to intercept passengers, which may be in breach of the relevant by-laws), EAA would make best endeavours to stop them (including issuing over 1 000 advices/warnings last year on the spot to curb nuisances). In more serious cases, EAA would enlist the assistance of Police. Moreover, EAA regularly makes suggestions to property developers on ways to improve the sales arrangements and orderly conduct of sales activities. In response, some property developers have taken corresponding measures to improve order at first-sale sites.
Under the present regime, all licensed estate agents have to comply with the Code of Ethics and Practice Circulars issued by EAA. Based on the Code and the Circulars, EAA may take disciplinary actions against estate agents found to have caused nuisances to the public or committed misconduct in the course of promoting first-sale properties, in accordance with the Estate Agents Ordinance. Such disciplinary actions may include suspension or revocation of licences. In carrying out its regulatory and disciplinary actions, EAA needs the co-operation of all parties concerned, including property developers and consumers. EAA will work closely with the Consumer Council to strengthen community education.
Stopping vehicles on carriageways and tapping on their windows may jeopardise public safety and constitute serious misconduct. Improvements are called for to safeguard public interest. The Housing, Planning and Lands Bureau, in conjunction with EAA, the Real Estate Developers Association of Hong Kong and Police, will further explore improvement measures to prevent such unruly behaviours. EAA will continue to ask estate agency firms to strengthen staff management at first-sale sites in accordance with the relevant Practice Circulars to prevent nuisance activities. EAA will exercise disciplinary powers against the management of estate agency firms found not to have fulfilled their responsibility.
Ends/Wednesday, March 1, 2006
Issued at HKT 13:20
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