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98 THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1896.
Commence- ment.
Short title.
"Quality of goods" includes their state or condition :
"Sale" includes a bargain and sale as well as a sale
and delivery:
"Seller" means a person who sells or agrees to sell
goods:
"Specific goods" mean goods identified and agreed upon at the time a contract of sale is made:" "Warranty" means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such con- tract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated. (2) A thing is deemed to be done "in good faith" within the meaning of this Ordinance when it is in fact done honestly, whether it be done negligently or not.
(3) A person is deemed to be insolvent within the meaning of this Ordinance who either has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he has been adjudged bankrupt or not.
(4) Goods are in a "deliverable state" within the mean- ing of this Ordinance when they are in such a state that the buyer would under the contract be bound to take deli- very of them.
61. This Ordinance shall come into operation on the
day of
one thousand eight hundred
and ninety-six.
62. This Ordinance may be cited as The Sale of Goods Ordinance, 1896.
SCHEDULE.
This schedule is to be read as referring to the revised edition of the statutes prepared under the direction of the Statute Law Committee.
ENACTMENTS REPEALED.
Session and Chapter.
Title of Act and Extent of Repeal.
1 Jac. 1. c. 21,
29 Cha. 2. c. 3..........
9 Geo. 4. c. 14.
An Act against brokers.
The whole Act.
An Act for the prevention of frauds and
perjuries.
In part; that is to say, sections
fifteen and sixteen.*
An Act for rendering a written memoran- dum necessary to the validity of certain promises and engagements.
In part; that is to say, section
seven.
Ordinance 13 of 1864, .. The Mercantile Law Amendment Ordi-
nance, 1864.
In part; that is to say, sections
two and three,
Commonly cited as sections sixteen and seventeen.
Reasons and Objects.
The object of this Ordinance is to bring into force in this Colony the recent admirable Codification of the Law relating to the Sale of Goods which is embodied in the Sale of Goods Act, 1893. Only such verbal alterations have been made as are required to adapt the Imperial Act to existing law in this Colony. It is desirable that the law of Hongkong on this important subject should be the same as that of England, and yet, while the law in England as to the Sale of Goods is now to be found set forth in one clear Statute, it is necessary in Hongkong to consult Imperial Statutes, local Ordinances and a considerable number of text-books and judicial decisions to ascertain, in many instances, what that law really is. Such a state of things should obviously be remedied by adopting the Codification.
HENRY E. POLLOCK,
Acting Attorney General,
4.