Hong Kong Ordinances

SALE OF GOODS ORDINANCE - SECT 2

Interpretation

Caution: This is a past version. See the current version here.

(1) In this Ordinance, unless the context otherwise requires- "action"
(訴訟) includes suit, counterclaim, and set-off; "business" (業務)
includes a profession and the activities of a public body, a public authority,
or a board, commission, committee or other body appointed by the Governor or
Government; (Added 58 of 1977 s. 2. Amended 59 of 1989 s. 20) "buyer" (買方)
means a person who buys or agrees to buy goods; "contract of sale"
(售賣合約) includes an agreement to sell as well as a sale; "delivery"
(交、交付) means voluntary transfer of possession from one person to
another; "document of title to goods" (貨品的所有權文件) includes any
bill of lading, dock warrant, warehouse keeper's certificate, and warrant or
order for the delivery of goods, and any other document used in the ordinary
course of business as proof of the possession or control of goods, or
authorizing or purporting to authorize, either by indorsement or by delivery,
the possessor of the document to transfer or receive goods thereby
represented; "fault" (錯失) means wrongful act or default; "future goods"
(期貨) means goods to be manufactured or acquired by the seller after the
making of the contract of sale; "goods" (貨、貨品) includes all chattels
personal other than things in action and money. The term includes emblements,
industrial growing crops, and things attached to or forming part of the land
which are agreed to be severed before sale or under the contract of sale;
"plaintiff" (原告人) includes a defendant counterclaiming; "property"
(產權) means the general property in goods, and not merely a special
property; "quality of goods" (貨品品質) includes their state or condition;
"sale" (售賣) includes a bargain and sale as well as a sale and delivery;
"seller" (賣方) means a person who sells or agrees to sell goods; "specific
goods" (特定貨品) means goods identified and agreed upon at the time a
contract of sale is made; "warranty" (保證條款) means an agreement with
reference to goods which are the subject of a contract of sale, but collateral
to the main purpose of such contract, the breach of which gives rise to a
claim for damages, but not to a right to reject the goods and treat the
contract as repudiated.

(2) A thing is deemed to be done "in good faith" when it is in fact done
honestly, whether it is done negligently or not. (Amended 8 of 1912 s. 47)

(3) A person is deemed to be insolvent who either has ceased to pay his debts
in the ordinary course of business or cannot pay his debts as they become due,
whether he has committed an act of bankruptcy or not and whether he has been
adjudged bankrupt or not. (Amended 8 of 1912 s. 47)

(4) Goods are in a "deliverable state" when they are in such a state that the
buyer would, under the contract, be bound to take delivery of them. (Amended 8
of 1912 s. 47)

(5) Goods of any kind are of merchantable quality within the meaning of this
Ordinance if they are-

   (a)  as fit for the purpose or purposes for which goods of that kind are
        commonly bought;

   (b)  of such standard of appearance and finish;

   (c)  as free from defects (including minor defects);

   (d)  as safe; and

   (e)  as durable, as it is reasonable to expect having regard to any
        description applied to them, the price (if relevant) and all the other
        relevant circumstances; and any reference in this Ordinance to
        unmerchantable goods shall be construed accordingly. (Replaced 85 of
        1994 s. 2) (Amended 59 of 1989 s. 20) "action" (訴訟) "business"
        (業務) "buyer" (買方) "contract of sale" (售賣合約) "delivery"
        (交、交付) "document of title to goods" (貨品的所有權文件)
        "fault" (錯失) "future goods" (期貨) "goods" (貨、貨品)
        "plaintiff" (原告人) "property" (產權) "quality of goods"
        (貨品品質) "sale" (售賣) "seller" (賣方) "specific goods"
        (特定貨品) "warranty" (保證條款)