Contracts (Rights of Third Parties) Ordinance
Ord. No. 17 of 2014
Section 3
A1661
third party (第三者), in relation to a contract, means a person who is not a party to the contract.
3. Application
(1) This Ordinance applies to a contract entered into on or after the date on which this Ordinance comes into operation.
(2) This Ordinance does not apply to any of the following—
- (a) a bill of exchange, a promissory note or any other negotiable instrument;
- (b) a deed of mutual covenant as defined by section 2 of the Building Management Ordinance (Cap. 344);
- (c) a covenant relating to land;
- (d) subject to subsection (3), a contract of carriage within the meaning of the Bills of Lading and Analogous Shipping Documents Ordinance (Cap. 440);
- (e) a contract for the carriage of goods by air governed by the Carriage by Air Ordinance (Cap. 500);
- (f) a letter of credit;
- (g) a company’s articles having effect as a contract under seal under section 86 of the Companies Ordinance (Cap. 622).
(3) A third party may invoke section 4 to enforce a term of a contract referred to in subsection (2)(d) that excludes or limits liability.
(4) This Ordinance does not confer a right on a third party to enforce a term of a contract of employment against an employee.
(5) In this section—
