### Sale of Goods Ordinance 《貨品售賣條例》

55. Remedies for breach of warranty
(1) Where there is a breach of warranty by the seller, or where the buyer elects, or is compelled, to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not, by reason only of such breach of warranty, entitled to reject the goods; but he may—
(a) set up against the seller the breach of warranty in diminution or extinction of the price; or
(b) maintain an action against the seller for damages for the breach of warranty.
(2) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.
(3) In the case of breach of warranty of quality, such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty.
(4) The fact that the buyer has set up the breach of warranty in diminution or extinction of the price does not prevent him from maintaining an action for the same breach of warranty if he has suffered further damage.

56. Interest and special damages
Nothing in this Ordinance shall affect the right of the buyer or the seller to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover money paid where the consideration for the payment of it has failed.

57. Exclusion of implied terms and conditions
(1) Where any right, duty or liability would arise under a contract of sale of goods by implication of law, it may (subject to the Control of Exemption Clauses Ordinance (Cap. 71)) be negatived or varied by express agreement, or by the course of dealing between the parties, or by usage if the usage is such as to bind both parties to the contract. (Amended 59 of 1989 s. 20)
(2) An express condition or warranty does not negative a condition or warranty implied by this Ordinance unless inconsistent therewith.
(3)-(11) (Repealed 59 of 1989 s. 20)(Replaced 58 of 1977 s. 8)[cf. 1973 c. 13 s. 4 U.K.]

58. Reasonable time a question of fact
Where, by this Ordinance, any reference is made to a reasonable time, the question what is a reasonable time is a question of fact.

59. Right, etc., enforceable by action
Where any right, duty, or liability is declared by this Ordinance, it may, unless otherwise provided by this Ordinance, be enforced by action.

### Sale of Goods Ordinance 《貨品售賣條例》

60. Auction sale
In the case of a sale by auction—
(a) where goods are put up for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale;
(b) a sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner. Until such announcement is made any bidder may retract his bid;
(c) where a sale by auction is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person. Any sale contravening this rule may be treated as fraudulent by the buyer;
(d) a sale by auction may be notified to be subject to a reserve or upset price, and a right to bid may also be reserved expressly by or on behalf of the seller.

61. Reservation of right to bid
Where a right to bid is expressly reserved, but not otherwise, the seller, or any one person on his behalf, may bid at the auction.

### Sale of Goods Ordinance 《貨品售賣條例》

62. Saving
(1) The rules in bankruptcy relating to contracts of sale shall continue to apply thereto, notwithstanding anything in this Ordinance.
(2) The rules of the common law, including the law merchant, save in so far as they are inconsistent with the express provisions of this Ordinance, and in particular the rules relating to the law of principal and agent, and the effect of fraud, misrepresentation, duress or coercion, mistake, or other invalidating cause, shall continue to apply to contracts for the sale of goods.
(3) Nothing in this Ordinance or in any repeal effected thereby shall affect the enactments relating to bills of sale, or any enactment relating to the sale of goods which is not expressly repealed by this Ordinance.
(4) The provisions of this Ordinance relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge, or other security.
(5) (Repealed 59 of 1989 s. 20)(6) The amendments of this Ordinance made by the Sale of Goods (Amendment) Ordinance 1977 (58 of 1977) shall not apply to contracts to which this Ordinance applies which were entered into prior to the date of commencement# of that Ordinance; and all such contracts shall continue to be governed by the provisions of this Ordinance in operation immediately prior to the date of commencement# of the Sale of Goods (Amendment) Ordinance 1977 (58 of 1977). (Added 58 of 1977 s. 10)

Editorial Note:

# Commencement date: 15 July 1977. 

### Labour Tribunal (Forms) Rules 《勞資審裁處(表格)規則》

1. Citation
These rules may be cited as the Labour Tribunal (Forms) Rules.

2. Forms
The forms contained in the Schedule may be used in the tribunal with such variations as the circumstances may require.

### Labour Tribunal Ordinance 《勞資審裁處條例》

1. Short title
This Ordinance may be cited as the Labour Tribunal Ordinance.