| National
Security (Legislative Provisions) Bill :
The meaning and interpretation of the term "consideration"
| This note provides additional
information on the meaning of the term "consideration"
under section 91(1) of the Criminal Procedure
Ordinance (Cap. 221). |
| 2. |
In response to questions raised at the
meeting of the Bills Committee on the National
Security (Legislative Provisions) Bill held
on 8 April 2003, we have explained that the
term is likely to be interpreted according
to its well-established meaning in the law
of contract. |
| 3. |
In Law of Contract, 10th ed. (1999), Sir
Guenter Treitel explains the meaning of consideration
as follows - "The
traditional definition of consideration concentrates
on the requirement that 'something of value'
must be given and accordingly states that
consideration is either some detriment to
the promisee (in that he may give value)
or some benefit to the promisor (in that
he may receive value). Usually, this detriment
and benefit are merely the same thing looked
at from different points of view. Thus payment
by a buyer is consideration for the seller's
promise to deliver and can be described as
a detriment to the buyer or as a benefit
to the seller; and conversely delivery by
a seller is consideration for the buyer's
promise to pay and can be described either
as a detriment to the seller or as a benefit
to the buyer. These statements relate to
the consideration for the promise of
each party looked at separately. For example,
the seller suffers a 'detriment' when he
delivers the goods and this enables him to
enforce the buyer's promise to pay the price.
It is quite irrelevant that the seller has
made a good bargain and so gets a benefit
from the performance of the contract. What
the law is concerned with is the consideration
for a promise ¡V not the consideration for
a contract." |
| 4. |
In Chitty on Contract, 28th ed. (1999),
the author points out that -
"Although consideration need not be adequate,
it must be real, that is, capable of estimation
in terms of value, 'of some value in the
eye of the law.' This is one reason why there
is no consideration for a promise made 'in
consideration of natural love and affection.'
" |
| 5. |
Following the above authority, if a
person, out of affection for another, refrained
from disclosing information that might
be of material assistance in securing the
prosecution or conviction of person for
any arrestable offence, he would not commit
an offence under section 91 of Cap. 221.
|
Security Bureau
April 2003
|
