Hong Kong Regulations

ESTATE AGENTS (DETERMINATION OF COMMISSION DISPUTES) REGULATION - SECT 7

Challenge of adjudicator

(1) The parties may challenge an adjudicator appointed by the Authority if
circumstances exist to give rise to justifiable doubts as to the adjudicator's
impartiality or independence.

(2) A party who proposes to challenge an adjudicator shall send his challenge
to the Authority, in writing, setting out the reasons for such challenge, with
a copy to the other party, within 7 working days of the notification of
appointment of the adjudicator in question or, if later, of his becoming aware
of the circumstances giving rise to doubts regarding the adjudicator's
suitability.

(3) Where the other party concurs with the challenge posed or the challenged
adjudicator withdraws from the appointment, the challenged adjudicator shall
vacate his office and the Authority may appoint a new adjudicator in
accordance with section 5 or decline jurisdiction in accordance with section
49(2)(b) of the Ordinance. In neither case does this imply acceptance of the
validity of the grounds for the challenge.

(4) Where the other party does not concur with the challenge and the
challenged adjudicator does not withdraw, a decision on the challenge shall be
made by the Chief Executive Officer.

(5) If the Chief Executive Officer upholds the challenge, the Authority may
appoint a new adjudicator in accordance with section 5 or decline jurisdiction
in accordance with section 49(2)(b) of the Ordinance.