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.