Page:Contracts (Rights of Third Parties) Ordinance (Cap. 623).pdf/4

Contracts (Rights of Third Parties) Ordinance Ord. No. 17 of 2014 Section 4 bill of exchange (匯票) means a bill of exchange within the meaning of section 3 of the Bills of Exchange Ordinance (Cap. 19);

contract of employment (僱傭合約) has the meaning given by section 2(1) of the Employment Ordinance (Cap. 57);

negotiable instrument (可流轉票據) includes any instrument embodying a monetary obligation and transferable by delivery, or by delivery and indorsement, whether or not the instrument is capable of being transferred free from equities;

promissory note (承付票) means a promissory note within the meaning of section 89 of the Bills of Exchange Ordinance (Cap. 19).

4. Third party’s right to enforce contractual term

(1) A third party may enforce a term of a contract (including a term that excludes or limits liability) if—
 * (a) the contract expressly provides that the third party may do so; or
 * (b) the term purports to confer a benefit on the third party.

(2) The third party must be expressly identified in the contract by name, as a member of a class or as answering a particular description.

(3) Subsection (1)(b) does not apply if, on a proper construction of the contract, the term is not intended to be enforceable by the third party.

(4) The enforcement of the term by a third party under this section is subject to any other term of the contract relevant to the term.

(5) Subsection (1) applies whether or not the third party has given consideration for the term.