1
FRIDAY, FEBRUARY 2, 1990
ORDINANCE,
NEW CONSUMER PROTECTION LAW TAKES EFFECT ON DECEMBER 1
* * * * *
A MAJOR PIECE OF CONSUMER PROTECTION LEGISLATION,
CLAUSES EXEMPTION DECEMBER 1 THIS YEAR.
OF
WILL
COME
THE CONTROL ON INTO OPERATION
THE COMMENCEMENT NOTICE OF THE ORDINANCE WAS PUBLISHED GAZETTE TODAY (FRIDAY).
IN THE
AND INDUSTRY, MR
THE PRINCIPAL ASSISTANT SECRETARY FOR TRADE PETER CHEUNG, SAID THE ORDINANCE WAS ENACTED IN NOVEMBER LAST YEAR AND ORDINANCE 12 MONTHS THE GOVERNMENT'S INTENTION WAS TO IMPLEMENT THE
COMMUNITY TIME ΤΟ AFTER ITS ENACTMENT IN ORDER TO GIVE THE BUSINESS REVIEW THEIR USE OF CONTRACTS AND TO MAKE ANY NECESSARY AMENDMENTS.
ΤΟ
"THE GOVERNMENT HAS WRITTEN
BUSINESS ORGANISATIONS EXPLAIN THE CHANGES AND THE CONSUMER COUNCIL INTENDS TO RUN OF SEMINARS FOR BUSINESSMEN TO FURTHER ORDINANCE AND ITS IMPACT ON TRADING PRACTICES,
TO
A SERIES EXPLAIN THE DETAILS OF THE
HE SAID.
CLAUSES
"
CLAUSES NEGLIGENCE
DENIAL OF A WHERE ONE
IN
OR
EXEMPTION THOSE "THE ORDINANCE 18 CONCERNED WITH CONTRACTS AND NOTICES SEEKING TO EXCLUDE LIABILITY FOR
AMOUNT ΤΟ BREACH OF CONTRACT. SOME OF PERSON'S LEGITIMATE RIGHTS AND EXPECTATIONS IN A SITUATION PARTY, BECAUSE
STRONGER
OF ITS
THESE
BARGAINING
POSITION,
DICTATE TERMS TO A WEAKER OR LESS SOPHISTICATED PARTY."
IS ABLE TO
OF THE LEGISLATION WAS MR CHEUNG EXPLAINED THE INTRODUCTION BASED ON A RECOMMENDATION OF THE LAW REFORM COMMISSION WHICH OBSERVED LED TO ABUSE, PARTICULARLY THAT THE USE OF EXEMPTION CLAUSES OFTEN
NOT DID
HAVE EQUAL BARGAINING WHERE THE STRENGTH.
ΤΟ PARTIES
A CONTRACT
"THE COMMISSION BELIEVED THAT THE BENEFITS OF SOME CONTROL OUTWEIGHED ANY ECONOMIC DISADVANTAGES WHICH MIGHT BY THIS LIMITED INTERFERENCE WITH THE FREEDOM OF CONTRACT,
THAT
MEASURE OF BE CAUSED HE SAID.
SAID SUMMARISING THE MAIN FEATURES OF THE ORDINANCE, MR CHEUNG
WERE CLAUSES OF EXEMPTION TYPES IT PROVIDED
CERTAIN
SUBJECT TO A AUTOMATICALLY INEFFECTIVE AND CERTAIN OTHER TYPES WERE REASONABLENESS TEST.
THE FOUR TYPES OF CLAUSES THAT ARE THOSE THAT CANNOT, UNDER ANY ARE AS
FOLLOWS:
ARE AUTOMATICALLY LNEFFECTIVE
BE CIRCUMSTANCES,
JUSTIFIED.
THEY
DEATH OR PERSONAL
* FIRSTLY, AN EXEMPTION CLAUSE RELATING TO
INJURY RESULTING FROM NEGLIGENCE.
SOME CHILDREN'S LIABILITY FOR INJURIES
FOR EXAMPLE, THERE ARE NOTICES DISPLAYED IN PLAYGROUNDS PURPORTING
EXCLUDE ΤΟ
CAUSED BY THE NEGLIGENCE OF THE PLAYGROUND OPERATOR.
/THERE CAN