94
THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY,
Unpaid seller's rights.
Seller's Hen.
Part delivery.
Termination
of lien.
Bight of stoppage in transitu.
Duration of transit.
39. (1) Subject to the provisions of this Ordinance and of any enactment in that behalf, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law-
(a) A lien on the goods or right to retain them for
the price while he is in possession of them; (b) In case of the insolvency of the buyer, a right of stopping the goods in transitu after he has parted with the possession of them;
(c) A right of re-sale as limited by this Ordinance. (2) Where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other reme- dies, a right of withholding delivery similar to and co- extensive with his rights of lien and stoppage in transitu where the property has passed to the buyer.
Unpaid Seller's Lien.
40. (1) Subject to the provisions of this Ordinance, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely:-
(a) Where the goods have been sold without any
stipulation as to credit;
(b) Where the goods have been sold on credit, but
the term of credit has expired;
(c) Where the buyer becomes insolvent.
(2) The seller may exercise his right of lien notwith- standing that he is in possession of the goods as agent or bailee for the buyer.
41. Where an unpaid seller has made part delivery of the goods, he may exercise his right of lien or retention on the remainder, unless such part delivery has been made under such circumstances as to show an agreement to waive the lien or right of retention.
42. (1) The unpaid seller of goods loses his lien or right of retention thereon-
(a) When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right of disposal of the goods;
(b) When the buyer or his agent lawfully obtains
possession of the goods;
(c) By waiver thereof.
(2) The unpaid seller of goods, having a lien or right of retention thereon, does not lose his lien or right of reten- tion by reason only that he has obtained judgment or decree for the price of the goods.
Stoppage in transitu.
43. Subject to the provisions of this Ordinance, when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods as long as they are in course of transit, and may retain them until payment or tender of the price.
44. (1) Goods are deemed to be in course of transit from the time when they are delivered to a carrier by land or water, or other bailee for the purpose of transmission to the buyer, until the buyer, or his agent in that behalf, takes delivery of them from such carrier or other bailee.
(2) If the buyer or his agent in that behalf obtains deliv- ery of the goods before their arrival at the appointed destination, the transit is at an end.
(3) If, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer, or his agent, that he holds the goods on his behalf and continues in possession of them as bailee for the buyer, or his agent, the transit is at an end, and it is immaterial that a further destination for the goods may have been indicated by the buyer.
(4) If the goods are rejected by the buyer, and the carrier or other bailee continues in possession of them, the transit is not deemed to be at an end, even if the seller has refused to receive them back.
1896.