Cap. 26activeordinance

Sale of Goods Ordinance

貨品售賣條例

Full legislation

s.49

Effect of sub-sale or pledge by buyer

49.
Effect of sub-sale or pledge by buyer
Subject to the provisions of this Ordinance, the unpaid seller’s right of lien or
            retention or stoppage in transitu is not affected by any sale or other disposition of
            the goods which the buyer may have made, unless the seller has assented
thereto:
Provided that where a document of title to
            goods has been lawfully transferred to any person as buyer or owner of the goods, and
            that person transfers the document to a person who takes the document in good faith and
            for valuable consideration, then, if such last-mentioned transfer was by way of sale,
            the unpaid seller’s right of lien or retention or stoppage in transitu is defeated, and
            if such last mentioned transfer was by way of pledge or other disposition for value, the
            unpaid seller’s right of lien or retention or stoppage in transitu can only be exercised
            subject to the rights of the transferee.