1964_CONTROL_OF_EXEMPTION_CLAUSES_ORDINANCE — Page 22

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CAP. 71]

Control of Exemption Clauses

[1989 Ed.

18. Saving for other relevant legislation

(1) Nothing in this Ordinance removes or restricts the effect of, or prevents reliance upon, any contractual provision which-

(a) is authorized or required by the express terms or necessary implication of an enactment; or

(b) being made with a view to compliance with an international agreement which applies to Hong Kong, does not operate more restrictively than is contemplated by the agreement.

(2) A contract term is to be taken for the purposes of this Ordinance as satisfying the requirement of reasonableness if it is incorporated or approved by, or incorporated pursuant to a decision or ruling of, a competent authority acting in the exercise of any statutory jurisdiction or function and is not a term in a contract to which the competent authority is itself a party.

(3) In this section-

"competent authority" (45) means any court, arbitrator or public body;

"enactment" (X) means any Ordinance and any instrument having effect by virtue of any Ordinance; and

"statutory" () means conferred by an enactment.

19. Application

[cf. 1977 c. 50 s. 29 U.K.]

Nothing in this Ordinance applies to contracts made before the date on which it comes into force but, subject to this, it applies to liability for any loss or damage which is suffered on or after that date.

[cf. 1977 c. 50 s. 31(2) U.K.]

PART IV

CONSEQUENTIAL AND OTHER AMENDMENTS

20. Amendment to various Ordinances

The enactments specified in the first column of Schedule 3 are amended in the manner and to the extent set out in the second column of that Schedule.

SCHEDULE 1

[ss. 6, 7, 8, 9, 12 & 15]

1.

SCOPE OF SECTIONS 7, 8, 9 AND 12

Sections 7, 8 and 9 do not apply to-

(a) any contract of insurance (including a contract to pay an annuity on human life);