1969-HKRS29-8-36_Part03 — Page 2

Special provi- sions applicable to certain cases of

goods accepted before the

Commencement

of this

Ordinance.

1952, c. 43. 1. 5.

to goods of that class accepted by him for repair or other treat- ment in the course of a business consisting of or comprising the acceptance by him of goods of that class for repair or other treal- ment (whether or not the repair or other treatment is cffected by him) wholly or mainly from persons who deliver to him, otherwise than in the course of a business, goods of that class for repair or other treatment.

(2) References in this Ordinance to the charges of the bailee in relation to any goods shall, subject to the provisions of any agreement between the bailor and the bailee, be construed as references to the amount agreed between them as the charge for the repair or other treatment of the goods or, if no amount has been so agreed, a reasonable charge therefor and, in a case where the goods have been sold, the following additional amounts that is to say-

(a) a reasonable charge for storing the goods during the period beginning with 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 bailee, the date on which the dispute was determined, and ending with the date of the sale:

(b) any costs of or in connexion with the sale; and

(c) the cost, if any, of insuring the goods.

(3) References in this Ordinance to a bailer or bailee of goods shall, as respects a period during which his rights and obligations in relation to the goods are vested in any other person, be construed as references to that other person.

(4) The powers conferred on a bailee by this Ordinance shall be in addition to and not in derogation of any powers exercisable by him independently of this Ordinance.

6. (1) Where the bailes of goods accepted before the com- mencement of this Ordinance for repair or other treatment does not at the commencement of this Ordinance know any address of the bailor, the bailee shall not be disentitled to sell the goods by reason only that paragraphs (b) and (c) of subsection (3) of section 2 are not complied with, if the following provisions are complied with, that is to say-

(a) within the period of six months beginning with the com- mencement of this Ordinance, the bailee publishes in an English or Chinese newspaper a notice complying with the requirements of subsection (4);

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(b) at all premises used or appropriated by the bailee after the commencement of this Ordinance for accepting for repair or other treatment goods of the class to which the goods so accepted belong, there is, throughout the period of twelve months immediately following the expiration of the said period of six months or throughout that portion of the said period of twelve months during which the premises are so used or appropriated, conspicuously dis- played in the part of the premises so used or appropriated a notice written in English and Chinese indicating that. in the case of goods of that class accepted before the commencement of this Ordinance for repair or other treatment, this Ordinance confers on the bailee a right of sale exercisable in certain circunstances after an interval of not less than eighteen months from the commence- ment of this Ordinance,

but the bailee shall not be entitled to sell the goods before the expiration of the period of eighteen months beginning with the commencement of this Ordinance.

(2) Where the provisions of subsection (1) are complied with in relation to any goods, the bailes shall, notwithstanding anything in subsection (3) of section 2, be entitled to sell them otherwise than by public auction, and paragraph (if) of the proviso to the said subsection (3) of section 2 shall not apply in relation to those goods.

(3) Where goods are sold by virtue of the fact that sub- sections (1) and (2) have been complied with, then sections 2 to 5 shall have effect in relation to the goods subject to the following modifications, that is to say-

(a) for any reference in subsection (2) of section 4 to 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 there shall be substituted a reference to a statement of the name and issue of the newspaper in which the notice under paragraph (a) of subsection (1) was published;

(b) for the reference in paragraph (2) of subsection (2) of section 5 to the giving of the dotice that the goods are ready for redelivery there shall be substituted a reference to the publication of the notice under paragraph (a) of subsection (1).

(4) A notice under paragraph (a) of subsection (1) in rela- tion to any goods must contain-

(0) a sufficient description of the class to which the goods

belong;