Cap. 511 sub. leg. E

Estate Agents (Registration of Determination and Appeal) Regulation (Cap. 511, sections 49(3) and 56(1))(Enacting provision omitted—E.R. 3 of 2021)[1 March 2000](Format changes—E.R. 3 of 2021) 1. (Omitted as spent—E.R. 3 of 2021) 2. Interpretation In this Regulation, unless the context otherwise requires—Court (法院) means the District Court;determination (裁定) means a determination by the Authority under section 49 of the Ordinance but does not include an interim, interlocutory or partial determination;register (登記冊) means the Register of Civil Actions of the Court;Registrar (司法常務官) means the Registrar of the Court. (28 of 2000 s. 47) 3. Appeal against determination (1) For any appeal under section 50 of the Ordinance, a party must, within the time specified in that section, file with the Court a notice of appeal in Form 1 of Schedule 1, specifying the grounds of the appeal and the reasons in support of such grounds, and pay the fee specified in Schedule 2.(2) The Chief Executive Officer shall supply to the Registrar the documents in his custody relating to the claim, which shall include a certified copy of the record of determination proceedings referred to in section 29 of the Estate Agents (Determination of Commission Disputes) Regulation (Cap. 511 sub. leg. D). (E.R. 3 of 2021)(3) On receipt of the documents referred to in subsection (2), the Registrar shall fix a date and place for the hearing of the appeal and serve notices of hearing on both parties to the appeal. 4. Registration of determination (1) Where a determination is made and the period within which to appeal under section 50 of the Ordinance has expired, the Authority shall, on the application of either party to the determination and on payment by such party of the fee as specified in Schedule 2, supply to him a certificate of determination in Form 2 of Schedule 1 and a copy thereof.(2) The Registrar shall on the production of such certificate of determination and a copy thereof to him within 12 months of the date of the determination, or such period as may be extended by the Registrar, register the certificate in the register. 5. Fees (1) The fees specified in Schedule 2 shall be payable in respect of proceedings relating to the issue and registration of certificate of determination and appeal.(2) Save and except item 1 in Schedule 2, the Registrar may reduce, remit or defer payment of any fee specified in Schedule 2 as he may think fit in any particular case and shall, if he exercises this power, endorse on the relevant document a note of the reduction, remission or deferment and of the reasons therefor. Schedule 1 [ss. 3 & 4] Form 1 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION D.C.E.A. No. of IN THE MATTER OF THE ESTATEAGENTS ORDINANCE (Chapter 511) NOTICE OF APPEAL Claim No. . Between Appellant: (Name) (Address) and Respondent: (Name) (Address) I/We* (name) do hereby appeal against the determination by the Estate Agents Authority made on the . day of . , a copy of which is attached, pursuant to section 50 of the Estate Agents Ordinance (Cap. 511). The grounds for this appeal are— 1. 2. 3. Dated this . day of . (signature of appellant) Lodged this . day of . RegistrarL.S. * Delete if inappropriate. Note: No appeal shall lie from a determination of the Estate Agents Authority after the expiry of 14 days from the date of such determination. _ Form 2 ESTATE AGENTS ORDINANCE(Chapter 511) CERTIFICATE OF DETERMINATION Claim No. . Between *Claimant: (Name) (Address) and *Respondent: (Name) (Address) It is hereby certified that the above claim is determined by this Authority on the . day of . on terms as set out in the copy of determination attached. Dated this . day of . Estate Agents Authority TO THE REGISTRAR, DISTRICT COURT The above certificate is presented by me/us** , (name) .................................................., for registration in accordance with section 4 of the Estate Agents (Registration of Determination and Appeal) Regulation (Cap. 511 sub. leg. E)***. Dated this . day of . (signature of party presentingcertificate for registration) The above certificate is registered in the District Court. Dated this . day of . RegistrarL.S. * Insert full name and address of each claimant and respondent. ** Delete if inappropriate. *** The certificate must be presented for registration within 12 months from the date of determination (or such period as may be extended by the Registrar). (E.R. 3 of 2021) Schedule 2 [ss. 3, 4 & 5]Fees Item Particular Fee$ 1. (a) Issue of certificate of determination, including one copy 20 (b) Each additional copy 10 2. Registration of a determination with the Court 20 3. Filing of notice of appeal in the Court 630 4. Copy of document in the register and certification for each page or portion of a page 5 (L.N. 7 of 2001; L.N. 48 of 2001)