Page:Contracts (Rights of Third Parties) Ordinance (Cap. 623).pdf/3

Contracts (Rights of Third Parties) Ordinance Ord. No. 17 of 2014 Section 3 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—