Consultation
[The consultation period has been extended to 30 September 2020]
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Contents:

Preface

Acknowledgements

Chapter 1 Introduction and Overview

  • Background of the CISG
  • History and origins of the CISG
  • Status of the CISG
  • Structure of the CISG
  • Salient Features of the CISG
    • Scope of the CISG
    • Interpretation of the CISG
    • Choices of opting out and opting in

Chapter 2 Interplay between the CISG and the Relevant Law of Hong Kong

  • Introduction
  • Brief Overview of the Relevant Hong Kong law
  • Comparison between the CISG and Hong Kong Law
  • Summary table of main points of analysis
  • Summary of Comparative Exercise - Legal Considerations for Extension of the CISG to Hong Kong
    • Compatibility of the CISG with Hong Kong Law
    • Where the CISG itself regulates incompatibility - Agency
    • Select Compatibility Issues - Validity
    • Select Compatibility Issues - Property
    • Conclusion on Compatibility
  • Freedom of Choice: Opt-In or Opt-Out?
    • Problems with Opting In
    • Difficulties with the Opt-Out Regime
    • Conclusion on Opt-In or Opt-Out

Chapter 3 Economic and Legal Considerations for Extension of the CISG to Hong Kong

  • Introduction and Overview
  • Whether there is a need for Hong Kong to apply the CISG
    • General economic factors
    • Hong Kong's position in total external trade
    • Hong Kong's position as an exporter
    • Effect of the Belt and Road Initiative on CISG implementation
    • Confusion in foreign legal systems as to the position of Hong Kong under the CISG
  • Pros and Cons of Implementing the CISG in Hong Kong
    • Pros of implementing the CISG in Hong Kong
    • Implementation of the CISG will potentially drive GDP and trade growth
    • Implementation of the CISG will prevent Hong Kong businesses from being subject to unfamiliar foreign laws when entering into cross-boundary transactions
    • Implementation of the CISG will improve Hong Kong's competence in resolving CISG disputes
    • Access to relevant information and resources will make CISG provisions easier to understand for businesses
    • The ability to derogate from the CISG increases party autonomy and flexibility
    • Cons of implementing the CISG in Hong Kong
    • The implementation of the CISG in Hong Kong may disturb the status quo
    • Implementation of the CISG would detract from the common law
    • The CISG deliberately does not address certain issues
    • The practice of exclusion of the CISG

Chapter 4 Application and Implementation of the CISG in Hong Kong

  • Application of the CISG to Hong Kong
  • Implementation of the CISG
    • How should the CISG be implemented locally?
    • Mainland China/Hong Kong transactions
    • Reservation under Article 95 of the CISG
  • Provisions of the Draft Bill
Chapter 5 Final Comments and Summary of Recommendations
Annex 1.1
Annex 2.1[1]
Annex 2.2
Annex 3.1
Annex 3.2
Annex 3.3
Annex 3.4
Annex 4.1

[1]  In order to keep the printed version of the Consultation Paper to a reasonable length, Annex 2.1 has not been included in the printed version.

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