(7) In the absence of evidence to the contrary, a person shall be taken for the purposes of this section to decide upon an omission, that is deciding upon omitting to do an act (“relevant act”)—
- (a) when the person does an act inconsistent with doing the relevant act; or
- (b) if the person has done no such inconsistent act, when the period expires within which he or she might reasonably have been expected to do the relevant act if it were to be done.
(8) The Chief Executive in Council may, by notice published in the Gazette, amend subsection (1) by substituting a longer period for the period specified in that subsection.
(9) In this section, “relevant report” (有關報告), in relation to an act referred to in subsection (1), means a report—
- (a) published or made available for inspection under section 67; and
- (b) from which it can reasonably be construed (whether or not the report mentions the act or the report was in any way prepared in consequence of the act) that the Commission is of the opinion that the act, or the class of acts to which the act belongs, is unlawful under a provision of Part 3, 4 or 5.
PART 9
Miscellaneous
81. Validity and revision of contracts
(1) A term of a contract is void where—
- (a) its inclusion renders the making of the contract unlawful by virtue of this Ordinance;
- (b) it is included in furtherance of an act rendered unlawful by this Ordinance; or
- (c) it provides for the doing of an act which would be rendered unlawful by this Ordinance.
(2) Subsection (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against a party to the contract, but the term shall be unenforceable against that party.
(3) A term in a contract which purports to exclude or limit any provision of this Ordinance is unenforceable by any person in whose favour the term would operate apart from this subsection.
(4) Subsection (3) does not apply to a contract settling a claim to which section 70 applies.
