### Control of Exemption Clauses Ordinance 《管制免責條款條例》

13. Effect of breach on “reasonableness” test
(1) Where for reliance upon it a contract term has to satisfy the requirement of reasonableness, it may be found to do so and be given effect accordingly notwithstanding that the contract has been terminated either by breach or by a party electing to treat it as repudiated.
(2) Where on a breach the contract is nevertheless affirmed by a party entitled to treat as repudiated, this does not of itself exclude the requirement of reasonableness in relation to any contract term.
[cf. 1977 c. 50 s. 9 U.K.]

14. Evasion by means of secondary contract
A person is not bound by any contract term prejudicing or taking away rights of his which arise under, or in connection with the performance of, another contract, so far as those rights extend to the enforcement of another’s liability which this Ordinance prevents that other from excluding or restricting.
[cf. 1977 c. 50 s. 10 U.K.]

15. Arbitration agreements
(1) As against a person dealing as consumer, an agreement to submit future differences to arbitration cannot be enforced except—
(a) with his written consent signified after the differences in question have arisen; or
(b) where he has himself had recourse to arbitration in pursuance of the agreement in respect of any differences.
(2) Subsection (1) does not affect—
(a) (Repealed 17 of 2010 s. 112)(b) the resolution of differences arising under any contract so far as it is, by virtue of Schedule 1, excluded from the operation of section 7, 8, 9 or 12.

### Control of Exemption Clauses Ordinance 《管制免責條款條例》

16. Exempted supply contracts
(1) The limits imposed by this Ordinance on the extent to which a person may exclude or restrict liability by reference to a contract term do not apply to liability arising under an exempted supply contract.
(2) The terms of an exempted supply contract are not subject to any requirement of reasonableness under section 8 or 9.
(3) For the purposes of this section, an exempted supply contract means a contract—
(a) that is either a contract of sale of goods or a contract under or in pursuance of which the possession or ownership of goods passes;
(b) that is made by parties whose places of business (or, if they have none, habitual residences) are in different countries or territories or are in and outside Hong Kong; and
(c) in the case of which—
(i) the goods in question are, at the time of the conclusion of the contract, in the course of carriage, or will be carried, from one country or territory to another country or territory, or to or from Hong Kong from or to a place outside Hong Kong; or
(ii) the acts constituting the offer and acceptance have been done in different countries or territories or in and outside Hong Kong; or
(iii) the contract provides for the goods to be delivered to a country or territory other than the country or territory where the acts constituting the offer and acceptance were done; or
(iv) the acts constituting the offer and acceptance were done in Hong Kong and the contract provides for the goods to be delivered outside Hong Kong; or
(v) the acts constituting the offer and acceptance were done outside Hong Kong and the contract provides for the goods to be delivered to Hong Kong.
(Amended 65 of 2000 s. 3)[cf. 1977 c. 50 s. 26 U.K.]

### Control of Exemption Clauses Ordinance 《管制免責條款條例》

17. Choice of law clauses
(1) Where the proper law of a contract is the law of Hong Kong only by choice of the parties (and apart from that choice would be the law of a jurisdiction other than Hong Kong) sections 7 to 12 do not operate as part of the proper law. 
(2) This Ordinance has effect notwithstanding any contract term which applies or purports to apply the law of a jurisdiction other than Hong Kong, where (either or both)—
(a) the term appears to the court or arbitrator to have been imposed wholly or mainly for the purpose of enabling the party imposing it to evade the operation of this Ordinance; or
(b) in the making of the contract one of the parties dealt as consumer, and he was then habitually resident in Hong Kong, and the essential steps necessary for the making of the contract were taken there, whether by him or by others on his behalf.
(Amended 65 of 2000 s. 3)[cf. 1977 c. 50 s. 27 U.K.]

18. Saving for other relevant legislation
(1) Nothing in this Ordinance removes or restricts the effect of, or prevents reliance upon, any contractual provision which—
(a) is authorized or required by the express terms or necessary implication of an enactment; or
(b) being made with a view to compliance with an international agreement which applies to Hong Kong, does not operate more restrictively than is contemplated by the agreement.
(2) A contract term is to be taken for the purposes of this Ordinance as satisfying the requirement of reasonableness if it is incorporated or approved by, or incorporated pursuant to a decision or ruling of, a competent authority acting in the exercise of any statutory jurisdiction or function and is not a term in a contract to which the competent authority is itself a party.
(3) In this section—
competent authority (具合法裁判權的主管當局) means any court, arbitrator or public body;
enactment (成文法則) means any Ordinance and any instrument having effect by virtue of any Ordinance; and
statutory (法定) means conferred by an enactment.
[cf. 1977 c. 50 s. 29 U.K.]

19. Application
Nothing in this Ordinance applies to contracts made before the date on which it comes into force but, subject to this, it applies to liability for any loss or damage which is suffered on or after that date.
[cf. 1977 c. 50 s. 31(2) U.K.]

20. (Omitted as spent—E.R. 1 of 2017)

### Private Bills Ordinance 《私人條例草案條例》

1. Short title
This Ordinance may be cited as the Private Bills Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
official languages (法定語文) means official languages within the meaning of section 3 of the Official Languages Ordinance (Cap. 5);
private bill (私人條例草案) means a bill which—
(a) provides primarily for the particular interest or benefit of any individual, association or body corporate rather than the interest or benefit of the public; and
(b) is not a Government measure.

3. Fees payable in respect of a private bill
(1) Subject to subsection (2), the promoters of a private bill shall pay to the Director of Accounting Services, within 21 days after the receipt by the Clerk to the Legislative Council of notice of intention to present the bill, whichever of the fees specified in the Schedule as is appropriate.
(2) Where an application is made to the Chief Secretary for Administration by the promoters of a bill to waive any fee payable under subsection (1) in relation to the bill, he may waive such fee in whole or part if he is satisfied that the bill— (Amended L.N. 362 of 1997)
(a) is for a charitable purpose within the meaning of section 2 of the Registered Trustees Incorporation Ordinance (Cap. 306); or
(b) facilitates a Government measure.
(3) The Legislative Council may by resolution amend the Schedule.
(4) Any fee payable under subsection (1) shall be a debt due to the Government and recoverable as a civil debt.

### Weights and Measures Order 《度量衡令》

1. Citation
This Order may be cited as the Weights and Measures Order.
(E.R. 5 of 2021)

2. Declaration of equivalents of units of measurement
The units of measurement listed in any column in the Schedule are declared to be the equivalents of any unit of measurement set out opposite thereto in any other column.