Hong Kong Ordinances

CONTROL OF EXEMPTION CLAUSES ORDINANCE - SECT 5

Varieties of exemption clause

(1) To the extent that this Ordinance prevents the exclusion or restriction of
any liability it also prevents-

   (a)  making the liability or its enforcement subject to restrictive or
        onerous conditions;

   (b)  excluding or restricting any right or remedy in respect of the
        liability, or subjecting a person to any prejudice in consequence of
        his pursuing any such right or remedy;

   (c)  excluding or restricting rules of evidence or procedure, and (to that
        extent) sections 7, 10, 11 and 12 also prevent excluding or
        restricting liability by reference to terms and notices which exclude
        or restrict the relevant obligation or duty.

(2) An agreement in writing to submit present or future differences to
arbitration is not to be treated under this Ordinance as excluding or
restricting any liability. (Enacted 1989) [cf. 1977 c. 50 s. 13 U.K.]