Page:Contracts (Rights of Third Parties) Ordinance (Cap. 623).pdf/11

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Contracts (Rights of Third Parties) Ordinance

Ord. No. 17 of 2014

Section 14
A1677

14. Assignment of third party right

(1) A third party may assign to another person a right under a term of a contract enforceable by the third party under section 4 in the same way as a party to the contract may assign a right under the contract.

(2) Subsection (1) does not apply if—

(a) the contract expressly provides otherwise; or
(b) on a proper construction of the contract, the right is personal to the third party and is not assignable.

15. Third party not to be treated as party to contract

Despite sections 5(1), 8(2)(c) and (3) and 9(1), a third party is not to be treated as a party to the contract for the purposes of any enactment or any instrument made under the enactment.

16. Application of Limitation Ordinance

(1) In section 4(1)(a) of the Limitation Ordinance (Cap. 347), the reference to actions founded on simple contract includes an action relating to a simple contract brought under section 4.

(2) In section 4(3) of the Limitation Ordinance (Cap. 347), the reference to an action upon a specialty includes an action relating to a specialty brought under section 4.