Hong Kong Ordinances

SALE OF GOODS ORDINANCE - SECT 47

Duration of transit

(1) Goods are deemed to be in course of transit from the time when they are
delivered to a carrier by land or water, or other bailee for the purpose of
transmission to the buyer, until the buyer, or his agent in that behalf, takes
delivery of them from such carrier or other bailee.

(2) If the buyer or his agent in that behalf obtains delivery of the goods
before their arrival at the appointed destination, the transit is at an end.

(3) If, after the arrival of the goods at the appointed destination, the
carrier or other bailee acknowledges to the buyer, or his agent, that he holds
the goods on his behalf and continues in possession of them as bailee for the
buyer or his agent, the transit is at an end, and it is immaterial that a
further destination for the goods may have been indicated by the buyer.

(4) If the goods are rejected by the buyer, and the carrier or other bailee
continues in possession of them, the transit is not deemed to be at an end,
even if the seller has refused to receive them back.

(5) When goods are delivered to a ship chartered by the buyer, it is a
question depending on the circumstances of the particular case whether they
are in the possession of the master as a carrier, or as agent to the buyer.

(6) Where the carrier or other bailee wrongfully refuses to deliver the goods
to the buyer or his agent in that behalf, the transit is deemed to be at an
end.

(7) Where part delivery of the goods has been made to the buyer or his agent
in that behalf, the remainder of the goods may be stopped in transitu, unless
such part delivery has been made in such circumstances as to show an agreement
to give up possession of the whole of the goods.