Inadequacy and ineffectuality: Hong Kong's consumer protection regime against unfair terms in standard form contracts

Abstract

This article examines the current Hong Kong consumer protection regime relevant to unfair terms in standard form consumer contracts and attempts to demonstrate the deficiency in this protection framework and the need for urgent reform. In particular, the article takes a closer look at the seemingly ineffectual Unconscionable Contracts Ordinance (Cap 458), as compared with its UK legislative equivalent, as well as other factors possibly affecting the pursuance of claims by consumers. To this end, the article attempts to explain why the current protection regime in Hong Kong is not being effectively utilised and suggests how this might be rectified in the interests of local consumers.