Hong Kong Ordinances

UNCONSCIONABLE CONTRACTS ORDINANCE - SECT 5

Relief where contract unconscionable

PART II

UNCONSCIONABLE CONTRACTS

(1) If, with respect to a contract for the sale of goods or supply of services
in which one of the parties deals as consumer, the court finds the contract or
any part of the contract to have been unconscionable in the circumstances
relating to the contract at the time it was made, the court may-

   (a)  refuse to enforce the contract;

   (b)  enforce the remainder of the contract without the unconscionable part;

   (c)  limit the application of, or revise or alter, any unconscionable part
        so as to avoid any unconscionable result.

(2) It is for the person claiming that a contract or part of a contract is
unconscionable to prove that it is. (Enacted 1994)