1964_DISPOSAL_OF_UNCOLLECTED_GOODS_ORDINANCE — Page 6

1984 Ed.]

Disposal of Uncollected Goods

[CAP. 294

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course of a business consisting of or comprising the acceptance by him of goods of that class for repair or other treatment (whether or not the repair or other treatment is effected by him) wholly or mainly from persons who deliver to him, otherwise than in the course of a business, goods of that class for repair or other treatment.

(2) References in this Ordinance to the charges of the bailee in relation to any goods shall, subject to the provisions of any agreement between the bailor and the bailee, be construed as references to the amount agreed between them as the charge for the repair or other treatment of the goods or, if no amount has been so agreed, a reasonable charge therefor and, in a case where the goods have been sold, the following additional amounts that is to say-

(a) a reasonable charge for storing the goods during the period beginning with the date of the giving of the notice that the goods are ready for redelivery, or, where there has been a dispute between the bailor and bailee, the date on which the dispute was determined, and ending with the date of the sale;

(b) any costs of or in connexion with the sale; and

(c) the cost, if any, of insuring the goods.

(3) References in this Ordinance to a bailor or bailee of goods shall, as respects a period during which his rights and obligations in relation to the goods are vested in any other person, be construed as references to that other person.

(4) The powers conferred on a bailee by this Ordinance shall be in addition to and not in derogation of any powers exercisable by him independently of this Ordinance.

6. (1) Where the bailee of goods accepted before the com- mencement of this Ordinance for repair or other treatment does not at the commencement of this Ordinance know any address of the bailor, the bailee shall not be disentitled to sell the goods by reason only that paragraphs (b) and (c) of section 2(3) are not complied with, if the following provisions are complied with, that is to say--

(a) within the period of 6 months beginning with the com- mencement of this Ordinance, the bailee publishes in an English or Chinese newspaper a notice complying with the requirements of subsection (4);

(b) at all premises used or appropriated by the bailee after the commencement of this Ordinance for accepting for repair or other treatment goods of the class to which the goods so accepted belong, there is, throughout the period of 12 months immediately following the expiration of the said period of 6 months or throughout that portion of the said period of 12 months during which the premises are so used or appropriated, conspicuously displayed in the part of the premises so used or appropriated a notice written in

Special provisions applicable to certain cases of goods accepted before the

commencement of this Ordinance.

1952 6. 43. 4. 5.