22
CAP. 26]
Sale of Goods
[1977 Ed.
Reservation of right to bid.
Saving.
1973 c. 13, s. 6,
59/09500
(58 of 1977.)
(c) where a sale by auction is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person. Any sale contravening this rule may be treated as fraudulent by the buyer;
(d) a sale by auction may be notified to be subject to a reserve or upset price, and a right to bid may also be reserved expressly by or on behalf of the seller.
61. Where a right to bid is expressly reserved, but not otherwise, the seller, or any one person on his behalf, may bid at the auction.
62. (1) The rules in bankruptcy relating to contracts of sale shall continue to apply thereto, notwithstanding anything in this Ordinance.
(2) The rules of the common law, including the law merchant, save in so far as they are inconsistent with the express provisions of this Ordinance, and in particular the rules relating to the law of principal and agent, and the effect of fraud, misrepresentation, duress or coercion, mistake, or other invalidating cause, shall continue to apply to contracts for the sale of goods.
(3) Nothing in this Ordinance or in any repeal effected thereby shall affect the enactments relating to bills of sale, or any enactment relating to the sale of goods which is not expressly repealed by this Ordinance.
(4) The provisions of this Ordinance relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge, or other security.
(5) Nothing in section 57 or 57A shall prevent the parties to a contract for the international sale of goods from negativing or varying any right, duty or liability which would otherwise arise by implication of law under sections 14 to 17: (Added, 58 of 1977, s. 10)
(6) The amendments of this Ordinance made by the Sale of Goods (Amendment) Ordinance 1977 shall not apply to contracts to which this Ordinance applies which were entered into prior to the date of commencement of that Ordinance; and all such contracts shall continue to be governed by the provisions of this Ordinance in operation immediately prior to the date of commencement of the Sale of Goods (Amendment) Ordinance 1977. (Added, 58 of 1977, s. 10)
Note. The following Imperial Statutes and parts thereof so far as they were applicable in Hong Kong were repealed by this Ordinance—
1 James 1, c.21.
29 Car. 2, c.3.
9 Geo. 4, c.14.
An Act against Brokers.
The Statute of Frauds, sections 15 and 16.
The Statute of Frauds Amendment Act, 1828, section 7.