Notices.
1952, s. 43, a
(Cap. 13
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(7) A notice required or authorized by this section to be given by the bailes to the bailor must contain a sufficient descrip- tion of the goods to which the notice relates and a statement of the sum which the bailee claims to be due to him by way of his charges in relation to the goods, together with-
(a) in the case of a notice that the goods are ready for redelivery or a notice to treat the dispute as determined, a statement that if the bailor fails, within the period of twelve months beginning with the date of the giving of the notice, both to pay the said sum and to take delivery of the goods or give directions as to their delivery they are liable to be sold in accordance with the provisions of this Ordinance;
(b) in the case of a notice of the bailee's intention to sell the goods, a statement of the date of the giving of the notice that the goods are ready for redelivery or, where there has been a dispute between the bailor and bailes, the date on which the dispute was determined, and a statement that if the bailor fails, within the period of fourteen days beginning with the date of the giving of the notice of the bailee's intention to sell the goods, both to pay the said sum and to take delivery of the goods or give directions as to their delivery they are liable to be sold in accordance with the provisions of this Ordinance.
3. (1) In this Ordinance, unless the context otherwise requires, the expression "notice" means a notice in writing in English or Chinese.
(2) A notice required or authorized by this Ordinance to be given by a bailee to a bailor shall, where the bailor is a corpora tion, be duly given if it is given to the secretary or clerk of the corporation.
(3) A notice required or authorized by this Ordinance to be given by a bailes to a bailor of the bailee's intention to sell the goods shall be given by sending it by post in a registered letter.
(4) A notice required or authorized by this Ordinance to be given by a bailee to a bailor, other than a notice of the bailee's intention to sell the goods, may be given either-
(a) by delivering it to the bailor; or
(b) by leaving it at his proper address; or
(c) by post.
(5) For the purposes of this section, and of section 8 of the Interpretation and General Clauses Ordinance, in its application
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to this section, the proper address of a person to whom a notice falling within the provisions of subsection (3) or (4) is required or authorized to be given shall, in the case of the secretary or clerk of a corporation, be that of the registered or principal office of the corporation, and, in any other case, be the last known address of the person to whom the notice is to be given.
4. (1) Where goods are sold by virtue of the provisions of this Ordinance, any amount by which the gross procceds of the sale exceed the charges of the bailes in relation to the goods shall be recoverable by the bailor from the bailee and any amount by which the said charges exceed the gross proceeds of the sale shall be recoverable by the bailes from the bailor.
(2) Where goods are so sold, the bailce shall, before the expiration of the period of seven days beginning with the date of the sale of the goods, prepare a record in relation to the goods containing the following particulars, that is to say-
(a) a sufficient description of the goods:
(b) the method, date and place of the sale;
(c)
(d)
(e)
where the goods are sold by public auction, the name and principal place of business of the auctioneer, and where they are sold otherwise than by public auction and the gross proceeds of the sale thereof are not less than twenty dollars, the name and address of the buyer; the amount of the gross proceeds of the sale; and
a statement of each item of the charges of the bailee in relation to the goods and the transaction to which each item relates,
and shall, during the period of six years beginning with the date on which the record is prepared, keep the record together with a copy of the notice of the bailee's intention to sell the goods and the certificate of posting of the letter in which the notice was sent and shall at any reasonable time during the said period of six years, if so requested by or on behalf of the bailor, produce the record, copy and certificate, or any of them, for inspection by the bailor or a person nominated in that behalf by him.
(3) A person who fails to comply with the provisions of sub- section (2) or who produces a document kept for the purposes thereof which is to his knowledge false in a material particular shall be guilty of an offence and shall be liable on conviction to a fine of one thousand dollars and to imprisonment for three months.
5. (1) References in this Ordinance to goods accepted by
a bailee in the course of a business for repair or other treatment shall, in relation to goods of any class, be construed as references
Procedure after gale.
1932, 6. 43, 1. 3.
Supplemental provisions. 1952, c. 43, 14.