Hong Kong Ordinances

UNCONSCIONABLE CONTRACTS ORDINANCE - SECT 6

Matters to be considered by the court

(1) In determining whether a contract or part of a contract was unconscionable
in the circumstances relating to the contract at the time it was made, the
court may have regard to (among other things)-

   (a)  the relative strengths of the bargaining positions of the consumer and
        the other party;

   (b)  whether, as a result of conduct engaged in by the other party, the
        consumer was required to comply with conditions that were not
        reasonably necessary for the protection of the legitimate interests of
        the other party;

   (c)  whether the consumer was able to understand any documents relating to
        the supply or possible supply of the goods or services;

   (d)  whether any undue influence or pressure was exerted on, or any unfair
        tactics were used against, the consumer or a person acting on behalf
        of the consumer by the other party or a person acting on behalf of the
        other party in relation to the supply or possible supply of the goods
        or services; and

   (e)  the amount for which, and the circumstances under which, the consumer
        could have acquired identical or equivalent goods or services from a
        person other than the other party.

(2) In determining whether a contract or part of a contract was unconscionable
in the circumstances relating to the contract at the time it was made-

   (a)  the court shall not have regard to any unconscionability arising from
        circumstances that were not reasonably foreseeable at the time the
        contract was made; and

   (b)  the court may have regard to conduct engaged in, or circumstances
        existing, before the commencement of this Ordinance.

(3) In considering the exercise of its powers under section 5 to grant relief
in respect of a contract or part of a contract found to be unconscionable, the
court may have regard to the conduct of the parties to the proceedings in
relation to the performance of the contract since it was made. (Enacted 1994)