Consultation Paper on the Proposed Application of the United Nations Convention on Contracts for the International Sale of Goods to the Hong Kong Special Administrative Region

In March, the Department of Justice (“DOJ”) issued a Consultation Paper on the Proposed Application of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) to the HKSAR (“the Consultation Paper”). The DOJ seeks the public’s views on whether the CISG should be applied to Hong Kong, and if so, its implementation in Hong Kong.

The CISG is a treaty which provides a set of uniform rules governing the formation, performance and remedies for breach of contracts for the international sale of goods within its scope. Its purpose is to provide a modern, uniform and fair regime for contracts for the international sale of goods, and through which to contribute to introducing certainty in commercial exchanges and decreasing transaction costs. In particular, the Convention applies to contracts for sale of goods between parties whose places of business are in different Contracting States, subject to the right of the parties to opt out in whole or part of the Convention. Whilst China is a Contracting Party to the CISG, the CISG is currently not applicable to Hong Kong.

With the assistance of the Transportation and Logistics Committee and Civil Litigation Committee, the Council has reviewed the Consultation Paper and has endorsed a submission on the consultation questions posed. The full submission can be found on the Law Society’s website:

http://www.hklawsoc.org.hk/pub_e/news/submissions/20201027.pdf

Jurisdictions: