Supply Of Services (Implied Terms) Ordinance


Published: 1997-06-30

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Cap 457 - SUPPLY OF SERVICES (IMPLIED TERMS) ORDINANCE 1

Chapter: 457 SUPPLY OF SERVICES (IMPLIED TERMS)
ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


An Ordinance to consolidate and amend the law with respect to the terms to be implied in contracts for the supply of
services.

(Enacted 1994)


[21 October 1994]

(Originally 86 of 1994)

Part: I PRELIMINARY 30/06/1997


(Enacted 1994)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Supply of Services (Implied Terms) Ordinance.
(Enacted 1994)


Section: 2 Interpretation 65 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 65 of 2000 s. 3


In this Ordinance-
"business" (業務) includes-

(a) a profession;
(b) the activities of a public body or public authority; and
(c) the activities of a board, commission, committee or other body appointed by the Chief Executive or

Government. (Amended 65 of 2000 s. 3)
(Enacted 1994)


Section: 3 Contracts for the supply of services 65 of 2000 01/07/1997


Expanded Cross Reference:

5, 6, 7



Remarks:
Adaptation amendments retroactively made - see 65 of 2000 s. 3


(1) In this Ordinance a "contract for the supply of a service" (服務提供合約) means, subject to subsection
(2), a contract under which a person ("the supplier") agrees to carry out a service.

(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.

(3) The Chief Executive in Council may by order provide that one or more of sections 5 to 7 shall not apply to
services of a description specified in the order, and such an order may make different provision for different



Cap 457 - SUPPLY OF SERVICES (IMPLIED TERMS) ORDINANCE 2

circumstances. (Amended 65 of 2000 s. 3)
(Enacted 1994)

[cf. 1982 c. 29 s. 12 U.K.]

Section: 4 "Dealing as consumer" 30/06/1997


(1) A party to a contract for the supply of a service "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 services provided under or in pursuance of the contract are of a type ordinarily supplied or

provided for private consumption or benefit.
(2) It is for the person claiming that a party does not deal as consumer to prove that he does not.

(Enacted 1994)

Part: II IMPLIED TERMS 30/06/1997


(Enacted 1994)

Section: 5 Implied term as to care and skill 30/06/1997


In a contract for the supply of a service where the supplier is acting in the course of a business, there is an
implied term that the supplier will carry out the service with reasonable care and skill.

(Enacted 1994)
[cf. 1982 c. 29 s. 13 U.K.]


Section: 6 Implied term as to time for performance 30/06/1997


(1) Where, under a contract for the supply of a service by a supplier acting in the course of a business, the time
for the service to be carried out is not fixed by the contract, is not left to be fixed in a manner agreed by the contract or
is not determined by the course of dealing between the parties, there is an implied term that the supplier will carry out
the service within a reasonable time.

(2) What is a reasonable time is a question of fact.
(Enacted 1994)

[cf. 1982 c. 29 s. 14 U.K.]

Section: 7 Implied term as to consideration 30/06/1997


(1) Where, under a contract for the supply of a service, the consideration for the service is not determined by
the contract, is not left to be determined in a manner agreed by the contract or is not determined by the course of
dealing between the parties, there is an implied term that the party contracting with the supplier will pay a reasonable
charge.

(2) What is a reasonable charge is a question of fact.
(Enacted 1994)

[cf. 1982 c. 29 s. 15 U.K.]

Part: III MISCELLANEOUS 30/06/1997


(Enacted 1994)

Section: 8 Exclusion or restriction of implied terms 30/06/1997


(1) As against a party to a contract for the supply of a service who deals as consumer, the other party cannot, by
reference to any contract term, exclude or restrict any liability of his arising under the contract by virtue of this
Ordinance.



Cap 457 - SUPPLY OF SERVICES (IMPLIED TERMS) ORDINANCE 3

(2) Except as provided in subsection (1), where a right, duty or liability would arise under a contract for the
supply of a service by virtue of this Ordinance, it may (subject to subsection (3) and 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 such usage as binds both parties to the contract.

(3) An express term does not negative a term implied by this Ordinance unless inconsistent with it.
(Enacted 1994)

[cf. 1982 c. 29 s. 16(1) & (2) U.K.]

Section: 9 Savings 30/06/1997


(1) Nothing in this Ordinance prejudices-
(a) any rule of law which imposes on the supplier a duty stricter than that imposed by section 5 or 6; or
(b) subject to paragraph (a), any rule of law whereby any term not inconsistent with this Ordinance is to be

implied in a contract for the supply of a service.
(2) This Ordinance has effect subject to any other enactment which defines or restricts the rights, duties or

liabilities arising in connection with a service of any description.
(Enacted 1994)

[cf. 1982 c. 29 s. 16(3) & (4) U.K.]

Related Laws