Hong Kong Ordinances

UNCONSCIONABLE CONTRACTS ORDINANCE - SECT 7

Choice of law clauses

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 65 of 2000 s. 3

PART III

MISCELLANEOUS

(1) Where the proper law of a contract is the law of Hong Kong only by choice
of the parties (and apart from that choice would be the law of a jurisdiction
other than Hong Kong) section 5 does not operate as part of the proper law.

(2) This Ordinance has effect notwithstanding any contract term which applies
or purports to apply the law of a jurisdiction other than Hong Kong, where
(either or both)-

   (a)  the term appears to the court or arbitrator to have been imposed
        wholly or mainly for the purpose of enabling the party imposing it to
        evade the operation of this Ordinance; or

   (b)  in the making of the contract one of the parties dealt as consumer,
        and he was then habitually resident in Hong Kong, and the essential
        steps necessary for the making of the contract were taken there,
        whether by him or by others on his behalf. (Enacted 1994. Amended 65
        of 2000 s. 3)