1989年版]
管制免責條款條例
[第71章
27
附表3
條例的修訂
成文法則
修訂
《售賣貨品條例》
(第26章)
《失實陳述條例》
(第284章)
《仲裁條例》 (第341章)
〔第20條)
(i)
"business"-NET
"any Government Department or the Urban Council or any other statutory body or authority”而以下文取代————
"a public body, a public authority, or a board, commission, committee or other body appointed by the Governor or Government";
(ii) “contract for the international sale of goods" #
筷
(b) 第57條修訂如下——
(i) "Subject to subsections (2) to (11)" “may”之後加入下文————
"(subject to the Control of Exemption Clauses Ordinance (Cap. 71))";
(ii) 廢除第(3)至(11)款。
(c) 廢除第57A條。
(d) 廢除第62(5)條。
廢除第4條而以下文取代———
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."
第6條現予修訂,在第(1)款之後加入下文————
"(2) Subsection (1) does not apply to an arbitration agreement to the extent that it cannot be enforced by virtue of section 15 of the Control of Exemption Clauses Ordinance (Cap. 71)."
1989年版]
管制免責條款條例
[第71章
27
附表3
條例的修訂
成文法則
修訂
《售賣貨品條例》
(a) 第2(1)條修訂如下一
(第26章)
《失實陳述條例》
(第284章)
《仲裁條例》 (第341章)
〔第20條)
(i)
"business"-NET
"any Government De-
partment or the Urban Council or any other statutory body or authority”而以下文取代————
"a public body, a public authority, or a board, commission,
committee or other body appointed by the Governor or Government";
(ii) “contract for the international sale of goods" #
筷
(b) 第57條修訂如下——
0 (1) "Subject to subsections (2) to (11)"&# “may”之後加入下文————
"(subject to the Control of Exemption Clauses Ordinance (Cap. 71))";
(ii) 廢除第(3)至(11)款。
(c) 廢除第57A錄。
(d) 廢除第62(5)條。
廢除第4條而以下文取代———
"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."
第6條現予修訂,在第(1)款之後加入下文————
"(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)." .
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