WEDNESDAY, OCTOBER 12, 1994
"SUPPLIERS MAY ALSO HAVE THEIR CONSUMER GOODS TESTED BY LABORATORIES ACCREDITED UNDER THE HONG KONG LABORATORY ACCREDITATION SCHEME AND OVERSEAS LABORATORIES WITH EQUAL STANDING, SHE ADDED.
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"IN LEGAL PROCEEDINGS UNDER THE LEGISLATION, THE COURT MAY CONSIDER THE EXISTENCE OF A TESTING CERTIFICATE IN DECIDING WHETHER THERE IS A DEFENCE OF DUE DILIGENCE.
tr
A PERSON WHO SUPPLIES UNSAFE CONSUMER GOODS COMMITS AN OFFENCE. HE SHALL BE LIABLE ON FIRST CONVICTION TO A FINE OF $100,000 AND IMPRISONMENT FOR ONE YEAR, AND ON SUBSEQUENT CONVICTION TO A FINE OF $500,000 AND IMPRISONMENT FOR TWO YEARS.
THE
"THE THREE BILLS ON SALE OF GOODS, SUPPLY OF SERVICES AND UNCONSCIONABLE CONTRACTS HAVE BEEN DRAWN UP TO IMPLEMENT RECOMMENDATIONS OF THE LAW REFORM COMMISSION FOR THE BETTER PROTECTION OF CONSUMERS, MRS IP SAID.
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DEFINITION OF
THE SALE OF GOODS (AMENDMENT) BILL 1994 MODIFIES THE EXISTING LAW GOVERNING CONTRACTS FOR THE SALE OF GOODS BY IMPROVING THE MERCHANTABLE QUALITY REQUIRED OF GOODS. IT ALSO PROVIDES THAT A CONSUMER SHALL NOT BE DEEMED TO HAVE ACCEPTED THE GOODS UNLESS HE HAS HAD A REASONABLE OPPORTUNITY TO EXAMINE THEM, NOTWITHSTANDING HIS SIGNING OF AN ACCEPTANCE NOTE.
THE SUPPLY OF SERVICES (IMPLIED TERMS) BILL SEEKS SOME COMMON LAW PRINCIPLES GOVERNING CONTRACTS FOR THE SERVICES. IT STIPULATES THAT A SUPPLIER OF SERVICE IS PERFORM THE SERVICE WITH REASONABLE CARE AND SKILL, REASONABLE TIME.
TO CODIFY SUPPLY OF OBLIGED TO AND WITHIN
THE BUYER ON THE OTHER HAND SHOULD PAY A REASONABLE CHARGE THE SERVICE IF THIS IS NOT DETERMINED BY THE CONTRACT. THE BILL NOT AFFECT ANY DUTIES ARISING FROM THE LAW IF THEY ARE STRICTER THOSE IMPOSED BY THE BILL ITSELF.
FOR
DOES THAN
"WE SHALL SEEK THE APPROVAL OF THE GOVERNOR-IN-COUNCIL то EXEMPT COMPANY DIRECTORS AND ADVOCATES IN COURT FROM THE OPERATION OF THIS
BILL," SAID MRS IP.
"
"THE DUTIES OF COMPANY DIRECTORS HAVE BEEN LAID DOWN ALREADY IN THE COMPANIES ORDINANCE AND COMMON LAW, SHE EXPLAINED, "WHEREAS THE PROPOSED EXEMPTION OF ADVOCATES IN COURT IS A LIMITED ONE. IT ONLY RELATES TO THE CONDUCT OF PROCEEDINGS IN COURTS AND THE PREPARATION OF PRE-TRIAL WORK. THE PROPOSAL WILL ALLOW COMMON LAW ΤΟ DEVELOP NATURALLY IN THIS AREA.
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THE UNCONSCIONABLE CONTRACTS BILL EMPOWERS THE COURT TO STRIKE DOWN OR REWRITE UNCONSCIONABLE TERMS IN CONSUMER CONTRACTS. THE ORDINANCE PROVIDES GUIDELINES TO THE COURT IN DETERMINING
UNCONSCIONABILITY.
"IN PREPARING THESE FOUR PIECES OF LEGISLATION, WE FULLY RECOGNISE THE NEED FOR STRIKING A BALANCE BETWEEN ENHANCING PROTECTION AND NOT INTERFERING UNNECESSARILY WITH THE WAY BUSINESS IS CONDUCTED, MRS IP SAID.
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CONSUMER IN WHICH
/"WE BELIEVE