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CAP. 71]
Control of Exemption Clauses
[1989 Ed.
(2) The terms of an international supply contract are not subject to any requirement of reasonableness under section 8 or 9.
(3) For the purposes of this section, an international supply contract means a contract-
(a) that is either a contract of sale of goods or a contract under or in pursuance of which the possession or ownership of goods passes;
(b) that is made by parties whose places of business (or, if they have none, habitual residences) are in the territories of different States or are in and outside Hong Kong; and
(c) in the case of which-
(i) the goods in question are, at the time of the conclusion of the contract, in the course of carriage, or will be carried, from the territory of one State to the territory of another, or to or from Hong Kong from or to a place outside Hong Kong; or
(ii) the acts constituting the offer and acceptance have been done in the territories of different States or in and outside Hong Kong; or
(iii) the contract provides for the goods to be delivered to the territory of a State other than that within whose territory the acts constituting the offer and acceptance were done; or
(iv) the acts constituting the offer and acceptance were done in Hong Kong and the contract provides for the goods to be delivered outside Hong Kong; or
(v) the acts constituting the offer and acceptance were done outside Hong Kong and the contract provides for the goods to be delivered to Hong Kong.
17. Choice of law clauses
[cf. 1977 c. 50 s. 26 U.K.]
(1) Where the proper law of a contract is the law of Hong Kong only by choice of the parties (and apart from that choice would be the law of some other country) sections 7 to 12 do not operate as part of the proper law.
(2) This Ordinance has effect notwithstanding any contract term which applies or purports to apply the law of some other country, where (either or both)-
(a) the term appears to the court or arbitrator to have been imposed wholly or mainly for the purpose of enabling the party imposing it to evade the operation of this Ordinance; or
(b) in the making of the contract one of the parties dealt as consumer, and he was then habitually resident in Hong Kong, and the essential steps necessary for the making of the contract were taken there, whether by him or by others on his behalf.
[cf. 1977 c. 50 s. 27 U.K.]
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