Cap. 48activeordinance

Factors Ordinance

代理商條例

Full legislation

s.3

Powers of mercantile agent with respect to disposition of goods

(1)
Where a mercantile agent is, with the consent of the owner, in possession of
                    goods or of the documents of title to goods, any sale, pledge, or other
                    disposition of the goods, made by him when acting in the ordinary course of
                    business of a mercantile agent, shall, subject to the provisions of this
                    Ordinance, be as valid as if he were expressly authorized by the owner of the
                    goods to make the
same:
Provided that the person taking
                    under the disposition acts in good faith, and has not, at the time of the
                    disposition,
                    noticed
                    that the person making the disposition has
                    no
                    authority to make the same.
(Amended
E.R. 1 of 2019
)
(2)
Where a mercantile agent has, with the consent of the owner, been in
                    possession of goods or of the documents of title to goods, any sale, pledge, or
                    other disposition, which would have been valid if the consent had continued,
                    shall be valid notwithstanding the determination of the
consent:
Provided that the person taking
                    under the disposition has not, at the time thereof,
                    noticed
                    that the consent has been determined.
(Amended
E.R. 1 of 2019
)
(3)
Where a mercantile agent has obtained possession of any documents of title to
                goods by reason of his being or having been, with the consent of the owner, in
                possession of the goods represented thereby, or of any other documents of title to
                the goods, his possession of the first-mentioned documents shall, for the purposes
                of this Ordinance, be deemed to be with the consent of the owner.
(4)
For the purposes of this Ordinance, the consent of the owner shall be presumed
                in the absence of evidence to the contrary.