Services (Charges Control). [Ch. 30. No. 18.

 

 

such direction relates for a particular sum, and the person
charged has been found guilty, then-

(a) if the prosecution was in respect of the per-
formance of, or an agreement to perform, a service,
the person for whom the service was performed or
with whom the agreement was made; and

(b) whether the prosecution was in respect of the
performance of a service or an agreement or offer
to perform a service, any person for whom a similar
service was performed, or any person with whom an
agreement was made to perform a similar service, for
the same or a higher charge in the course of that
business in contravention of subsection (1) of the last
foregoing section of this Ordinance before the date of
the finding;

shall have the following rights, exercisable, subject as
hereinafter provided at his option.

(3) In the case of an agreement to perform a service
no part of which has been performed, he shall have the
right to treat the agreement as avoided, and to recover
from the person who agreed to perform the service, as
money received by that person for his use, any amount
paid by him as consideration therefor: Provided that he
shall not be entitled to exercise the right conferred by this
subsection if any rights acquired by a third party would
be prejudiced by his so doing, or after the lapse of an
unreasonable time from the date of the agreement.

(4) He shall in any case have the right to affirm the
performance of the service or the agreement to perform
it, but to recover as aforesaid to the extent of any loss
sustained by him by reason of the contravention.

(5) Any sum recoverable by virtue of this section
shall be recoverable with interest thereon at the rate of
six per cent. per annum from the date when it was paid.

(6) The rights conferred by this section shall not
be exercisable by a person who is himself liable to punish-
ment by reason of his having aided, abetted, counselled or
procured the contravention in question.

5. The illegality by virtue of this Ordinance of any
transaction shall not prejudice any rights acquired by
any person other than a person who is guilty of a contra-

317

Saving for
rights of
innocent

parties.