Hong Kong Ordinances

SALE OF GOODS ORDINANCE - SECT 2A

"Dealing as consumer"

(1) A party to a contract of sale "deals as consumer" in relation to another
party if-

   (a)  he neither makes the contract in the course of a business nor holds
        himself out as doing so;

   (b)  the other party does make the contract in the course of a business;
        and

   (c)  the goods passing under or in pursuance of the contract are of a type
        ordinarily supplied for private use or consumption.

(2) Notwithstanding subsection (1), on a sale by auction or by competitive
tender the buyer is not in any circumstances to be regarded as dealing as
consumer.

(3) It is for the person claiming that a party does not deal as consumer to
prove that he does not. (Added 85 of 1994 s. 3)