Bills of Sale Ordinance

In this Ordinance, unless the context otherwise
requires—
bill
                    of
                sale
(
賣據
) includes bills of sale, assignments,
                transfers, declarations of trust without transfer, inventories of goods with receipt
                thereto attached, or receipts for purchase moneys of goods, and other assurances of
                personal chattels, and also powers of attorney, authorities, or licences to take
                possession of personal chattels as security for any debt, and also any agreement,
                whether intended or not to be followed by the execution of any other instrument, by
                which a right in equity to any personal chattels, or to any charge or security
                thereon, is conferred, but does not include the following documents; that is to say,
                assignments for the benefit of the creditors of the person making or giving the
                same, marriage settlements, transfers or assignments of any ship or vessel or any
                share thereof, transfers of goods in the ordinary course of business of any trade or
                calling, bills of sale of goods in any place outside Hong Kong or at sea, bills of
                lading, India warrants, warehouse keepers’ certificates, warrants or orders for the
                delivery of goods, or any other documents used in the ordinary course of business as
                proof of the possession or control of goods, or authorizing or purporting to
                authorize, either by indorsement or by delivery, the possessor of such document to
                transfer or receive goods thereby
represented:
Provided
that—
(Amended
23 of 1998 s. 2
)
(a)
(Repealed
55 of 1967 s. 2
)
(b)
an instrument charging or creating any security on or declaring trusts
                        of imported goods given or executed at any time prior to their deposit in a
                        warehouse, godown, factory or store, or to their being re-shipped for
                        export, or delivered to a purchaser not being the person giving or executing
                        such instrument, shall not be deemed a bill of sale, but nothing in this
                        paragraph shall affect the operation of
section 43
of the
                        Bankruptcy Ordinance (
Cap. 6
), in respect of any
                        goods comprised in any such instrument as is hereinbefore described, if such
                        goods would but for this paragraph be goods within the meaning of that
                            section;
(Added
22 of 1914 ss. 2
& 3. Amended
5 of 1924 s. 20
)
[cf. 1890 c. 53 s. 2 U.K.; 1891 c. 35 s. 1
                            U.K.]
personal
                chattels
(
非土地實產
) means goods, furniture, and other
            articles capable of complete transfer by delivery, and (when separately assigned or
            charged) fixtures and growing crops, but does not include fixtures (except trade
            machinery as hereinafter defined) when assigned together with any interest in any land
            or building to which they are affixed, or growing crops when assigned together with any
            interest in the land on which they grow, or shares or interests in the stock, funds, or
            securities of any government or in the capital or property of incorporated or
            joint-stock companies, or choses in action, or any stock or produce upon any farm or
            lands which, by virtue of any covenant or agreement, ought not to be removed from any
            farm where the same are at the time of making or giving of such bill of sale. Personal
            chattels shall be deemed to be in the apparent possession of the person making or giving
            a bill of sale, so long as they remain or are in or upon any house, mill, warehouse,
            building, works, yard, land, or other premises occupied by him, or are used and enjoyed
            by him in any place whatsoever, notwithstanding that formal possession thereof may have
            been taken by or given to any other person;
prescribed
(
訂明
) means prescribed by rules made under the
            provisions of this Ordinance;
Registrar
(
司法常務官
) means the Registrar of the High
                Court.
(Amended
50 of 1911
;
62 of 1911
Schedule;
25 of 1998 s. 2
)
(Amended
50 of 1911 s. 4
)
[cf. 1878 c. 31 s. 4 U.K.]