1964_CONTROL_OF_EXEMPTION_CLAUSES_ORDINANCE — Page 26

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CAP. 71]

Control of Exemption Clauses

[1989 Ed.

SCHEDULE 3

AMENDMENT TO ORDINANCES

Amendment

[s. 20]

Enactment

Sale of Goods Ordinance (Cap.26)

(a) Section 2(1) is amended-

(i) in the definition of "business", by repealing "any Govern-ment Department or the Urban Council or any other statutory body or authority" and substituting-

"a public body, a public authority, or a board, commission, committee or other body appointed by the Governor or Government";

(ii) by repealing the definition of "contract for the international sale of goods".

(b) Section 57 is amended-

(i) in subsection (1), by repealing "Subject to subsections (2) to (11)" and by adding after "may"-

"(subject to the Control of Exemption Clauses Ordinance (Cap.71))";

(ii) by repealing subsections (3) to (11).

(c) Section 57A is repealed.

(d) Section 62(5) is repealed.

Misrepresentation Ordinance (Cap.284)

Arbitration Ordinance (Cap.341)

Section 4 is repealed and the following substituted—

Avoidance of provision excluding liability for misrepresentation

4. If a contract contains a term which would exclude or restrict-

(a) any liability to which a party to a contract may be subject by reason of any misrepresentation made by him before the contract was made; or

(b) any remedy available to another party to the contract by

reason of such a misrepresentation,

that term shall be of no effect except in so far as it satisfies the requirement of reasonableness as stated in section 3(1) of the Control of Exemption Clauses Ordinance (Cap.71); and it is for the person claiming that the term satisfies that requirement to show that it does.".

Section 6 is amended by adding after subsection (1)—

"(2) Subsection (1) does not apply to an arbitration agree-ment to the extent that it cannot be enforced by virtue of section 15 of the Control of Exemption Clauses Ordinance (Cap.71).”.