Hong Kong Ordinances

LAW AMENDMENT AND REFORM (CONSOLIDATION) ORDINANCE - SECT 17

Provision as to the application of sections 16, 17 and 18

(1) This section and sections 16 and 18 shall save as is hereinafter provided
apply to contracts whether made before or after 18 June 1948, as respects
which the time of discharge is on or after 8 December 1941, but not to
contracts as respects which the time of discharge is before the latter date.

(2) This section and sections 16 and 18 shall apply to contracts to which the
Crown is a party in like manner as to contracts between subjects.

(3) Where any contract to which this section and sections 16 and 18 apply
contains any provision which, upon the true construction of the contract, is
intended to have effect in the event of circumstances arising which operate,
or would but for the said provision operate, to frustrate the contract, or is
intended to have effect whether such circumstances arise or not, the court
shall give effect to the said provision and shall only give effect to
section 16 to such extent, if any, as appears to the court to be consistent
with the said provision.

(4) Where it appears to the court that apart of any contract to which this
section and sections 16 and 18 apply can properly be severed from the
remainder of the contract, being a part wholly performed before the time of
discharge, or so performed except for the payment in respect of that part of
the contract of sums which are or can be ascertained under the contract, the
court shall treat that part of the contract as if it were a separate contract
and had not been frustrated and shall treat section 16 as only applicable to
the remainder of that contract.

(5) This section and sections 16 and 18 shall not apply-

   (a)  to any charterparty, except a time charterparty or a charterparty by
        way of demise, or to any contract (other than a charterparty) for the
        carriage of goods by sea; or

   (b)  to any contract of insurance, save as is provided by section  16 (5);
        or

   (c)  to any contract to which section 9 of the Sale of Goods  Ordinance (
        Cap 26), (which avoids contracts for the sale of specific goods which
        perish before the risk has passed to the buyer) applies, or to any
        other contract for the sale, or for the sale and delivery, of specific
        goods, where the contract is frustrated by reason of the fact that the
        goods have perished.

(6) In this section and section 16, "court" (法院) includes any arbitrator
by or before whom the matter falls to be determined.

(26 of 1948 ss. 2 & 4 incorporated) [cf. 1943 c. 40 s. 2 U.K.]

"court" (法院)