Hong Kong Ordinances

CONTROL OF EXEMPTION CLAUSES ORDINANCE - SECT 2

Interpretation and application

(Past version on 30/06/1997).

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

(1) In this Ordinance-

"business" (業務) includes a profession and the activities of a public body,
a public authority, or a board, commission, committee or other body appointed
by the Chief Executive or Government; (Amended 65 of 2000 s. 3)

"goods" (貨品) has the same meaning as in the Sale of Goods Ordinance ( Cap 
26);

"negligence" (疏忽) means the breach-

   (a)  of any obligation, arising from the express or implied terms of a
        contract, to take reasonable care or exercise reasonable skill in the
        performance of the contract;

   (b)  of any common law duty to take reasonable care or exercise reasonable
        skill (but not any stricter duty);

   (c)  of the common duty of care imposed by the Occupiers Liability 
        Ordinance ( Cap 314);

"notice" (告示) includes an announcement, whether or not in writing, and any
other communication or pretended communication;

"personal injury" (人身傷害) includes any disease and any impairment of
physical or mental condition.

(2) In the case of both contract and tort, sections 7 to 12 apply

(except where the contrary is stated in section 11(4)) only to business
liability, that is liability for breach of obligations or duties arising- <* Note - Exp. X-Ref.: Sections 7, 8, 9, 10, 11, 12 *>

   (a)  from things done or omitted to be done by a person in the course of a
        business (whether his own business or another's); or

   (b)  from the occupation of premises used for business purposes of the
        occupier, and references to liability are to be read accordingly; but
        liability of an occupier of premises for breach of an obligation or
        duty towards a person obtaining access to the premises for
        recreational or educational purposes, being liability for loss or
        damage suffered by reason of the dangerous state of the premises, is
        not a business liability of the occupier unless granting that person
        such access for the purposes concerned falls within the business
        purposes of the occupier.

(3) In relation to any breach of duty or obligation, it is immaterial whether
the breach was inadvertent or intentional, or whether liability for it arises
directly or vicariously. (Enacted 1989) [cf. 1977 c. 50 ss. 1 & 14 U.K.]

"business" (業務)

"goods" (貨品)

"negligence" (疏忽)

"notice" (告示)

"personal injury" (人身傷害)