Dr Wyver HKD
p.a.
37017.
(32) 47
FROM:
K174
Jill Barrett
Assistant Legal Adviser
270 3381
DATE:
15 November 1993
HKC 37017
NOV 1993
ADAPTATION OF LAWS: PAPER NO 6
1. I refer to your minute of 27 October concerning Hong Kong Government's draft consultation paper on adaptation of laws (commercial matters) I regret that I was not able to do it last week as I was out of the office at the Dumping meeting, and am grateful for your agreement to extend the deadline until today.
2. Bills of Exchange Ordinance (Cap 19)
I am content with the draft proposals, but would suggest the following in addition:
(i) To proposal (b) should be added the chapeau to section 72 ie "Where a bill drawn in one country" needs to be changed to "Where a bill drawn in one jurisdiction".
(ii) In section 89(4), I would suggest that in the last sentence "Any other note is a foreign note." the word "foreign" needs to be replaced with something else, as it appears to be intended to include Chinese notes.
3. Bills of sale Ordinance (Cap 20)
Proposal (e) ought to specify what section or sections are being referred to. I assume the reference is intended to be to section 9(a) (ii) although the wording is not quite as quoted.
4. Sale of Goods Ordinance (Cap 26)
No comments
5.
Control of Exemption Clauses Ordinance (Cap 71)
I have no comment on the proposed adaptation, but would raise one other question. Section 16 applies to international supply contracts. An "international supply contract" includes a contract made by parties in and outside Hong Kong. Is it intended that this provision should apply to contracts made between a party in Hong Kong and a party in the mainland of China? As it stands, it would apply to such contracts. If this is intended, I would suggest that the description "international" is not appropriate, and needs to be replaced by something else. Or Hong Kong-China contracts should be dealt with in a separate section with a different heading. I would however suggest that careful thought be given to the policy behind this question. Since such contracts are likely often to be ordinary cross-border consumer contracts, it might well be appropriate for the consumer to be accorded the protection provided by the Ordinance against exemption clauses. If it is decided that such contracts should be protected, a different sort of amendment to section 16 will be required.
1 Ban
dill
Jill Barrett