1969-HKRS28-8-36_Part02 — Page 52

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(2) Where goods accepted as aforesaid are ready for re- delivery but the bailor fails both-

(a) to pay or tender to the bailee his charges in relation to

the goods; and

(b) to take delivery of the goods or, if the terms of the bailment so provide, to give directions as to their delivery,

the bailee shall, subject to the provisions of any agreement between him and the bailor and to the following provisions of this Ordin- ance, be entitled, while the failure continues, to sell the goods.

(3) The bailee shall not be entitled by virtue of subsection (2) to sell goods accepted by bim for repair or other treatment unless the following provisions are complied with, that is to say-

(a) at all premises used or appropriated by the bailee for accepting for repair or other treatment goods of the class to which the goods accepted belong, there is, at the time of the acceptance (whether or not the goods are accepted at any such premises), conspicuously displayed in the part of the premises so used or appropriated a notice written in English and Chinese indicating that the accept- ance by the bailee of goods of that class for repair or other treatment is subject to the provisions of this Ordin- ance and that this Ordinance confers on the bailes a right of sale exercisable in certain circumstances after an interval of not less than twelve months from the date on which the goods are ready for redelivery:

(b) after the goods are ready for redelivery, or after the commencement of this Ordinance, whichever is the later, the bailee gives to the bailor a notice that the goods are ready for redelivery, being a notice complying with the requirements of subsection (7)

(c) after the expiration of the period of twelve months beginning with the date of the giving of the notice that the goods are ready for redelivery and not less than fourteen days before the sale of the goods, the bailee gives to the bailor a notice of his intention to sell the goods, being a notice complying with the requirements of subsection (7).

and the bailee shall not be so entitled to sell the goods in a lot in which goods not accepted by him from the bailor are included or to sell them otherwise than by public auction:

Provided that-

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() paragraph (a) shall not apply in relation to any goods accepted before the commencement of this Ordinance for repair or other treatment;

(ii) where the notice of the bailee's intention to sell the goods. states, in addition to the matters required to be contained therein by subsection (7), the lowest price which he is prepared to accept on a sale of the goods by virtue of this section, be may sell the goods for not less than that price otherwise than by public auction.

(4) Where, at any time before the giving of the notice of the bailee's intention to sell the goods, a dispute arises between the bailor and the bailee by reason of the bailor's refusal to pay the sum which the bailce claims to be due to him by way of his charges in relation to the goods, or to take delivery thereof or give directions as to their delivery, on the ground that the charges are excessive or that the bailor is not satisfied that the repair or other treatment of the goods has been properly carried out, the bailee's right to sell the goods shall be suspended until the dispute is determined.

(5) Without prejudice to any other mode of determining a dispute, it shall be treated for the purposes of this Ordinance as having been determined if the bailes, at any time after the dispute has arisen, gives to the bailor a notice (hereafter referred to as a notice to treat the dispute as determined)---

(a) stating that unless, without the period of one month beginning with the date of the giving of the notice, the bailor objects thereto, the dispute will be treated for the purposes of this Ordinance as having been determined: and

(b) in other respects complying with the requirements of

subsection (7).

and within the said period of one month the bailor does not object to the notice; and where the dispute is so treated as having been determined, the date on which it shall be so treated as having been determined shall be the date of the giving of the notice.

(6) Where a dispute in relation to any goods is determined (whether by virtue of subsection (5) or otherwise), subsection (3) shall have effect in relation to those goods as if paragraph (b) thereof were omitted and as if for the reference in paragraph (c) thereof to the date of the giving of the notice that the goods are ready for redelivery there were substituted a reference to the date on which the dispute is determined.