Hong Kong Ordinances

SALE OF GOODS ORDINANCE - SECT 62

Saving

(1) The rules in bankruptcy relating to contracts of sale shall continue to
apply thereto, notwithstanding anything in this Ordinance.

(2) The rules of the common law, including the law merchant, save in so far as
they are inconsistent with the express provisions of this Ordinance, and in
particular the rules relating to the law of principal and agent, and the
effect of fraud, misrepresentation, duress or coercion, mistake, or other
invalidating cause, shall continue to apply to contracts for the sale of
goods.

(3) Nothing in this Ordinance or in any repeal effected thereby shall affect
the enactments relating to bills of sale, or any enactment relating to the
sale of goods which is not expressly repealed by this Ordinance.

(4) The provisions of this Ordinance relating to contracts of sale do not
apply to any transaction in the form of a contract of sale which is intended
to operate by way of mortgage, pledge, charge, or other security.

(5) (Repealed 59 of 1989 s. 20)

(6) The amendments of this Ordinance made by the Sale of Goods (Amendment)
Ordinance 1977 (58 of 1977) shall not apply to contracts to which this
Ordinance applies which were entered into prior to the date of commencement of
that Ordinance; and all such contracts shall continue to be governed by the
provisions of this Ordinance in operation immediately prior to the date of
commencement of the Sale of Goods (Amendment) Ordinance 1977 (58 of 1977).
(Added 58 of 1977 s. 10)