Applying the CISG to Hong Kong: Legal Analysis and Policy Recommendations
Bibliographic record
Abstract
The Untied Nations (UN) Convention on Contracts for the International Sale of Goods (CISG), which was adopted by a UN conference in 1980 and came into effect in 1988, is one of the most successful treaties in international commercial law in the sense of establishing a uniform legal framework for international trade in goods. A product of comparative law, it provides a set of default rules to govern cross-border sale of goods in regard to the formation of contracts, obligations of buyers and sellers in performing contracts, and legal remedies for breach of contract, among other issues.1 The CISG has been ratified by 94 countries, including many of the world’s most important economies such as the USA, China, France, Germany, Japan, Brazil, Australia, Canada, to name but a few.2 Specifically, China, an active participant in the UN-led negotiations for the CISG, ratified the CISG in 1986. On 27 May 2019, in response to a proposal made by the Department of Justice (DoJ) of the Hong Kong Special Administrative Region (HKSAR) government, the Panel on Administration of Justice and Legal Services of the Legislative Council (Legco) approved that a public consultation be held to solicit views on the proposed application of the CISG to Hong Kong.3 A consultation paper (CP), whose Annex 4.1 contains a draft of Sale of Goods (United Nations Convention) Bill, was subsequently publicized. The report entitled Policy Recommendations for the Proposed Application of the CISG to Hong Kong’, which is reprinted below, was prepared in response to the CP and submitted in September 2020. The DoJ made a proposal to the Legislative Council for discussion on 22 March 2021 after considering all the submissions received.4 In the revised proposal, the following suggestions made by the authors in the report were adopted :
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.002 |
| Science and technology studies | 0.001 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".