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hk

Unconscionable Contracts Ordinance (Cap.458)

Section 2 - Interpretation
(1) In this Ordinance-
"business" () includes-
(a) a profession;
(b) the activities of a public body or public authority; and
(c) the activities of a board, commission or committee or other body appointed
by the Chief Executive or Government; (Amended 65 of 2000 s. 3)
"contract for the supply of services" () means, subject to
subsection (2), a contract under which a person agrees to carry out a service.
"goods" () has the same meaning as in the Sale of Goods Ordinance (Cap
26).

(2) For the purposes of this Ordinance-

(a) a contract of service or apprenticeship is not a contract for the supply of a
service;
(b) a contract is a contract for the supply of a service whether or not goods are
also-
(i) transferred or to be transferred; or
(ii) bailed or to be bailed by way of hire,
under the contract, and whatever is the nature of the consideration for
which the service is to be carried out.

Section 3 Dealing as consumer

(1) A party to a contract "deals as consumer" in relation to another party if -
(a) he neither makes the contract in the course of a business nor holds himself
out as doing so;
(b) the other party does make the contract in the course of a business; and
(c) the goods passing or services provided under or in pursuance of the
contract are of a type ordinarily supplied or provided for private use,
consumption or benefit.
(2) Notwithstanding subsection (1), on a sale by auction or by competitive tender the
buyer is not in any circumstances to be regarded as dealing as consumer.
(3) It is for the person claiming that a party does not deal as consumer to prove that
he does not.

10/2009
Section 5 Relief where contract unconscionable
(1) If, with respect to a contract for the sale of goods or supply of services in which
one of the parties deals as consumer, the court finds the contract or any part of
the contract to have been unconscionable in the circumstances relating to the
contract at the time it was made, the court may-
(a) refuse to enforce the contract;
(b) enforce the remainder of the contract without the unconscionable part;
(c) limit the application of, or revise or alter, any unconscionable part so as to
avoid any unconscionable result.
(2) It is for the person claiming that a contract or part of a contract is unconscionable
to prove that it is [unconscionable].

10/2009