Hong Kong Ordinances

CONTROL OF EXEMPTION CLAUSES ORDINANCE - SECT 4

"Dealing as consumer"

(1) A party to a contract "deals as consumer" in relation to another party if-

   (a)  he neither makes the contract in the course of a business nor holds
        himself out as doing so;

   (b)  the other party does make the contract in the course of a business;
        and

   (c)  in the case of a contract governed by the law of sale of goods or by
        section 12, the goods passing under or in pursuance of the contract
        are of a type ordinarily supplied for private use or consumption.

(2) Notwithstanding subsection (1), on a sale by auction or by competitive
tender the buyer is not in any circumstances to be regarded as
dealing as consumer.

(3) It is for the person claiming that a party does not deal as consumer to
prove that he does not. (Enacted 1989) [cf. 1977 c. 50 s. 12 U.K.]