Hong Kong Ordinances

SALE OF GOODS ORDINANCE - SECT 31

Rules as to delivery

(1) Whether it is for the buyer to take possession of the goods or for the
seller to send them to the buyer is a question depending in each case on the
contract, express or implied, between the parties. Apart from any such
contract, express or implied, the place of delivery is the seller's place of
business, if he has one, and if not, his residence: Provided that, if the
contract is for the sale of specific goods, which, to the knowledge of the
parties when the contract is made, are in some other place, then that place is
the place of delivery.

(2) Where under the contract of sale the seller is bound to send the goods to
the buyer, but no time for sending them is fixed, the seller is bound to send
them within a reasonable time.

(3) Where the goods at the time of sale are in the possession of a third
person, there is no delivery by seller to buyer unless and until such third
person acknowledges to the buyer that he holds the goods on his behalf:
Provided that nothing in this section shall affect the operation of the issue
or transfer of any document of title to goods.

(4) Demand or tender of delivery may be treated as ineffectual unless made at
a reasonable hour. What is a reasonable hour is a question of fact.

(5) Unless otherwise agreed, the expenses of and incidental to putting the
goods into a deliverable state must be borne by the seller.