1975-HKRS28-16-23_Part02 — Page 21

Chience to

promote chr conduct mock wedoo. let 1961 247. & LJ

CCWD, 3063

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"stated", in relation to a sale of goods by way of competitive bidding. means stated by or on behalf of the person conducting the sale, by an announcement made to the persons For the time being preseni at the sale.

(2) For the purposes of this Ordinance-

(a) any bid stated to have been made at a sale of goods by way of competitive bidding shall be conclusively presumed to have been made, and to have been a bid of the amount staled;

(b) any reference in this Ordinance to the sale of a lot to a person who has made a bid for it includes a reference to a purported sale of it to a person stated to have bid for it, whether that person exists or not;" and

(c) any thing done in or about the place where a sale of goods by way of competitive bidding is held, if done in connexion with the sale, shall be taken to be done during the course of the sale, whether it is done at the time when any articles are being sold or offered for sale by way of competitive bidding or before or after any much time,

3. (1) Any person who promotes or conducts, or assists in the promotion or conduct of, a mock auction at which one or more lou are sold or offered for sale shall be guilty of an offence and shall k liable on conviction on indictment to a fine of $20,000 and to imprisonment for 5 years,

(2) Subject to subsection (3), for the purposes of this Ordinance a sale of goods by way of competitive bidding shall be taken to be a mock auction if, during the course of the sale.~

(2) any lot is sold to a person bidding for it, and-

the lot is sold to him at a price lower than the amou of bis highest bid for it;

(i) the whole or any part of the price at which the lot was sold is subsequently refunded or credited to him or his nomines; m

(16) the money, or any part of the money, used to pay for the lot has been provided by the person promoting or conducting the sale or by any person assisting him;

(5) the right to bid for any lot is restricted, or is stated to be restricted, to persons who have bought or agreed to buy one or more articles;

(c) any articles are given away or are offered as gifts; or

(d) any lot placed or wrapped in an opaque container or wrapper is sold or offered for sale without the contents of the container ar wrapper being disclosed.

(3) A sale of goods shall not be taken to be a mock auction by virtue of subsection (2)e), if it is proved that the reduction in price, or the refund or the credit, as the case may be,-

(a) was on account of a defect discovered after the highest price in question had been made, being a defect of which the person conducting the sale was unaware when that bid was made; or (6) was an account of damage sustained after the bid was made. (4) A sale of goods shall not be taken to be a mock auction by virtue of subsection (2) if the sale is held by or for the purposes of any trust or organization which is a charity within the meaning of section 2 of the Registered Trustees Incorporation Ordinance.

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(5) In any proceedings for an offence of assisting in the promotion or conduct of a "mock auction, the accused shall have a good defence if he satisdes the court that, although he did the act in question, he did not know, and bad no reason to believe, that the sale of goods by way of competitive bidding to which the charge relates was a mock auction.

4. (1) A person who promotes or conducts a mock auction in con- Habiliyy travention of section 3 shall, in addition to any liability he may incur

compeanlon, under that section. be liable to pay compensation by way of damages to any person who has sustained pecuniary lose as a result of having purchased any prescribed article at the mock auction

(2) An action may be brought under subsection (1) in respect of a contravention referred to in that subsection notwithstanding that no person has been charged or convicted under section 3 in respect of the contraven- Bon.

(3) Where a person is convicted of an offence under section 3, an order for the payment of compensation may be made under section 73 of the Criminal Procedure Ordinance or section 98 of the Magistrates Ordin- ance, as the case may be, and these sections shall apply accordingly.

(4) If an action is brought under subsection (1) after an order has been made under section 73 of the Criminal Procedure Ordinance or section 98 of the Magistrates Ordinance, the court shall, if it decides to oward damages, take into consideration the amount of compensation awarded under the order.

(5) Nothing in this section limits or diminishes any liability which any person may incur under the common law.

(Cap. 221.)

(Cko. 27)

5 The Governor may, by order published in the Gazelle, amend Amendment of The Schedulo.

1975.

SCHEDULE

PRESCRIBED ÁRTICLES

1. Any plate or plated articles.

2.

Linen or articles of clothing

3. Pictures or prints.

4. China, glassware or antiques.

3. Items of furniture.

6. Items of jewellery.

7.

Household appliances and utensils.

3. Electrical appliances and equipment. 9. Articles of personal use or ornament,

10. Ornaments and musical instruments.

11. Any scientific instrument or apparatus.

[as. 2 & 5.1

Passed by the Hong Kong Legislative Council this 473-day of April,

Clerk to the Legislative Council.

Schedule.