Law Amendment and Reform (Consolidation) Ordinance

(1)
This section and
sections 16
and
18
shall save as is hereinafter provided apply to contracts whether made before or after 18 June 1948, as respects which the time of discharge is on or after 8 December 1941, but not to contracts as respects which the time of discharge is before the latter date.
(2)
This section and
sections 16
and
18
shall apply to contracts to which the Crown is a party in like manner as to contracts between subjects.
(3)
Where any contract to which this section and
sections 16
and
18
apply contains any provision which, upon the true construction of the contract, is intended to have effect in the event of circumstances arising which operate, or would but for the said provision operate, to frustrate the contract, or is intended to have effect whether such circumstances arise or not, the court shall give effect to the said provision and shall only give effect to
section 16
to such extent, if any, as appears to the court to be consistent with the said provision.
(4)
Where it appears to the court that apart of any contract to which this section and
sections 16
and
18
apply can properly be severed from the remainder of the contract, being a part wholly performed before the time of discharge, or so performed except for the payment in respect of that part of the contract of sums which are or can be ascertained under the contract, the court shall treat that part of the contract as if it were a separate contract and had not been frustrated and shall treat
section 16
as only applicable to the remainder of that contract.
(5)
This section and
sections 16
and
18
shall not
apply—
(a)
to any charterparty, except a time charterparty or a charterparty by way of demise, or to any contract (other than a charterparty) for the carriage of goods by sea; or
(b)
to any contract of insurance, save as is provided by
section 16(5)
; or
(c)
to any contract to which
section 9
of the Sale of Goods Ordinance (
Cap. 26
), (which avoids contracts for the sale of specific goods which perish before the risk has passed to the buyer) applies, or to any other contract for the sale, or for the sale and delivery, of specific goods, where the contract is frustrated by reason of the fact that the goods have perished.
(6)
In this section and
section 16
,
court
(
法院
) includes any arbitrator by or before
                whom the matter falls to be determined.