178
No. 4.1
THE ORDINANCES OF HONGKONG: [A.D. 180
Definition of
PART IV.
RIGHTS OF UNPAID SELLER AGAINST THE GOODS.
40.-(1.) The seller of goods is deemed to be an unpaid seller within the meaning of this Ordinance,-
Unpaid seller's rights.
Unpaid seller's lien.
(a.) when the whole of the price has not been paid or tendered;
(b.) when a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise.
(2.) In this Part the term "seller" includes any person who is in the position of a seller, as, for instance, an agent of the seller to whom the bill of lading has been indorsed, or a consignor or agent who has himself paid, or is directly responsible for, the price.
41.-(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 remedies, 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.
42.-(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 notwithstanding that he is in possession of the goods as agent or bailee for the buyer.