XN000022-1990-11-16 — Page 9

FRIDAY, NOVEMBER 16, 1990

8

CONTROL OF EXEMPTION CLAUSES ORDINANCE TO TAKE EFFECT ON DEC 1

*

AN ORDINANCE WHICH WILL SOON

BE

WILL INTRODUCED

AND THE RELATED TO OUR DAILY LIVES AND PROTECT THE SMALL SECRETARY FOR TRADE AND INDUSTRY, MR JOHN CHAN, SAID TODAY

BE

CLOSELY WEAK, THE (FRIDAY).

PO LEUNG PASSED WEEKS

HE WAS SPEAKING AT A MEETING OF THE DIRECTORS OF THE KUK ABOUT THE CONTROL OF EXEMPTION CLAUSES ORDINANCE WHICH WAS ON NOVEMBER 15 LAST YEAR AND WILL TAKE EFFECT IN JUST UNDER TWO (DECEMBER 1).

WAS MR CHAN SAID "NO LIABILITY WOULD CLEAR ONE FROM ALL LIABILITIES.

A POWERFUL

EXPRESSION WHICH

"I BELIEVE THAT WE RARELY USE THIS EXPRESSION IN WITH OTHERS IN OUR DAILY LIVES.

"HOWEVER, IF WE THINK CAREFULLY, IT WILL NOT BE US TO REALISE THAT IN REALITY MANY PEOPLE WITHOUT BEING WOULD BE BITTEN BY THIS INHUMANE EXPRESSION WHICH ERODES HE SAID. THEM OF THEIR REASONABLE RIGHTS AND INTERESTS,

**

OUR DEALINGS

DIFFICULT FOR AWARE OF IT OR DEPRIVES

AN

MR CHAN SAID IN THE PAST ABUNDANT FUNDS AND STRONG INFLUENCE IN THE MARKET HAD PUT MOST TRADERS, ESPECIALLY THE LARGE FIRMS, IN ADVANTAGEOUS. POSITION IN TRANSACTIONS,

"THEIR ATTITUDE TOWARDS CONSUMERS IS: IF YOU WANT YOU HAVE TO DO IT THE WAY I WANT IT AND ON MY TERMS,

TO BUY

IT,

"A MOST PRACTICAL EXAMPLE IS THE CREDIT CARD YOU HAVE WITH YOU.

"HOW MANY OF YOU HAVE OBTAINED YOUR GOLD CARD WITHOUT FILLING IN A PREPRINTED FORM?

"HOW MANY OF YOU ARE EXEMPTED FROM THE RESTRICTIONS IMPOSED THE CONDITIONS OF THE APPLICATION, INCLUDING THE EXEMPTION CLAUSES?

BY

IN

"AS CONSUMERS ARE OFTEN AT A DISADVANTAGE IN THE NEGOTIATIONS FOR TRANSACTIONS, AND THERE IS FREQUENT ABUSE OF EXEMPTION CLAUSES

ΤΟ LEGISLATE ΤΟ CONTRACTS OR NOTICES, THE AUTHORITIES HAVE DECIDED PROTECT THE SMALL AND THE WEAK," MR CHAN SAID.

WAS RATHER HE SAID THE CONTROL OF EXEMPTION CLAUSES ORDINANCE

TECHNICAL LEGAL COMPLEX IN ITS WORDING. IT ALSO INVOLVED A NUMBER OF CONCEPTS, BUT THE PURPOSE AND SPIRIT WERE QUITE OBVIOUS AND SIMPLE.

INTRODUCED IN ESSENCE, THE ORDINANCE

TWO MAJOR ARRANGEMENTS

WHEREBY

COULD CONSUMERS

BE PROTECTED:

INEFFECTIVE AUTOMATICALLY EXEMPTION CLAUSES; AND EXEMPTION CLAUSES WHICH WERE EFFECTIVE ONLY THEY SATISFIED THE REQUIREMENT OF "REASONABLENESS".

IF

/MR CHAN