Por el grado de desarrollo de la industria

41. Register of Transactions to be kept by vendor

(1) Subject to subsection (2), the vendor must keep one register of transactions for the development.

(2) If the development is divided into 2 or more phases, the vendor must keep one register of transactions for each phase.

(3) A vendor who contravenes subsection (1) or (2) commits an offence and is liable to a fine of $500,000.

42. Contents of, and entries in, Register of Transactions

(1) The Register of Transactions for the development must, in relation to each specified residential property in the development, set out the following information in the form specified by the Authority—

(a) a description of the residential property;

(b) the date of any preliminary agreement for sale and purchase;

(c) the date of any agreement for sale and purchase; (d) the price of any transaction;

(e) the terms of payment (including any discount on the price, and any gift, or any financial advantage or benefit, made available in connection with the purchase);

(f) the date on which any agreement for sale and purchase is terminated;

(g) whether the purchaser is or is not a related party to the vendor.

(2) Within 24 hours after the vendor enters into a preliminary agreement for sale and purchase in respect of a specified residential property in the development with another person, the vendor must enter in the Register of Transactions for the development the following particulars—

(a) a description of the residential property; (b) the date of that preliminary agreement;

(c) the price of the transaction;

(d) the terms of payment (including any discount on the price, and any gift, or any financial advantage or benefit, made available in connection with the purchase);

(e) whether the person is or is not a related party to the vendor.

(3) Within 1 working day after the date on which the vendor enters into an agreement for sale and purchase in respect of the specified residential property with that other person, the vendor—

(a) must enter the date of that agreement in the Register of Transactions for the development; and

(b) if there is a change in the particulars of the transaction mentioned in subsection (2)(e), must revise the entry in that Register of Transactions.

(4) If that other person has not entered into an agreement for sale and purchase in respect of the specified residential property with the vendor within 3 working days after the date on which the preliminary agreement for sale and purchase is entered into, the vendor must, on the 4th working day after that date, indicate that fact in the Register of Transactions for the development in relation to the specified residential property. (5) Within 1 working day after the date on which the agreement

for sale and purchase of the specified residential property is terminated, the vendor must enter that date in the Register of Transactions for the development.

(6) If subsection (1) is contravened, the vendor who keeps the Register of Transactions commits an offence and is liable to a fine of $500,000.

(7) A vendor who contravenes subsection (2), (3), (4) or (5) commits an offence and is liable to a fine of $500,000.

(8) In this section, a person is a related party to a vendor if— (a) where the vendor is a company, the person is—

(i) a director of the vendor;

(ii) a parent, spouse or child of a director of the vendor; or

(iii) a manager of the vendor, as defined by section 2(1) of the Companies Ordinance (Cap. 32); or

(b) where the vendor is an individual, the person is a parent, spouse or child of the vendor.

(9) In this section, a reference to a preliminary agreement for sale and purchase, or an agreement for sale and purchase, of a specified residential property includes a preliminary agreement for sale and purchase, or an agreement for sale and purchase, of both a specified residential property and a car parking space.

43. Register of Transactions to be made available to general public

(1) On a date of the sale mentioned in section 6(1), the vendor must make the Register of Transactions for the development available for inspection by the general public free of charge at the place where the sale takes place.

(2) During the period specified in subsection (3), the vendor must make an electronic copy of the Register of Transactions available for inspection on the website designated by the vendor for the development for the purposes of this Part.

(3) The period is one that begins on the date on which the Register of Transactions is first made available under subsection (1) and ends on the date on which the first assignment of each specified residential property in the development has been registered in the Land Registry.

(4) As soon as practicable after the vendor has made an entry into the Register of Transactions for the development under section 42(2), (3), (4) or (5), the vendor must provide an electronic copy of that Register of Transactions to the following person for the purpose of the electronic database established under section 67(1)—

(a) if a public officer or person is delegated under section 67(2) with the power to establish and maintain that database, the public officer or person;

(b) if no public officer or person is so delegated, the Authority.

(5) A vendor who contravenes subsection (1) commits an offence and is liable to a fine of $500,000.

(6) A vendor who contravenes subsection (2) or (4) commits an offence and is liable to a fine at level 6.

44. Application of sections 42 and 43 in case of phased development

If the development is divided into 2 or more phases, sections 42 and 43 apply to a Register of Transactions for the phase of which the specified residential property forms part as if a reference in those sections to the development were a reference to that phase.