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Ian Cheng
Insights
Apr 29, 2025

Does “back to back” mean “pay when paid” in construction contracts?

In Sze Fung Engineering Limited v Trevi Construction Company Limited [2025] HKCA 278[1], the Hong Kong Court of Appeal (“CA”) ruled that the “back to back” wording in that case was not a “pay when…
Insights
Apr 28, 2025

Hong Kong Court makes security for costs order against Mainland parties with no assets in Hong Kong

In Y and Another v GI and Another [2025] HKCFI 1317[1], the Hong Kong Court of First Instance (“Court”) allowed the defendant’s application for security for costs against the plaintiffs in respect of…
Insights
Mar 06, 2025

Getting the ball rolling: sports disputes resolution in Hong Kong SAR

These are exciting times for sports in Hong Kong. With the Hong Kong team’s success at the 2024 Paris Summer Olympics and Summer Paralympics, the opening of the Kai Tak Sports Park and the…
Insights
Feb 27, 2025

Government issues Model Adjudication Documents

On 10 February 2025, the Development Bureau (“DEVB”) issued a suite of model adjudication documents (“Model Documents”), including a set of model adjudication rules (“Model Rules”). This suite of…
Insights
Feb 27, 2025

HK Security of Payment Ordinance: what difference might it make in practice?

In Wang & Lee Contracting Ltd v Young Kwong Pui Trading as In Tech Engineering [2025] HKDC 66 (Date of Decision: 3 January 2025), the District Court ordered the court proceedings to be stayed and that…
Insights
Dec 20, 2024

Hong Kong Security of Payment Ordinance passed; goes into operation on 28 August 2025

The second and third reading of the Construction Industry Security of Payment Bill concluded at the Legislative Council on 18 December 2024. As an important milestone of the security of payment regime…
Insights
Oct 07, 2024

HK Security of Payment Bill: Government responds to submissions from the public

The Hong Kong Government received 37 submissions from the public in July 2024 regarding the Construction Industry Security of Payment Bill (“Bill”) and held discussions with deputations from different…
Insights
Sep 27, 2024

Smart contracts and the use of arbitration to resolve related disputes

In recent years, technology advancement has introduced new methods for contract formation. In particular, the rise of blockchain technology has led to the emergence of “smart contracts”, which are…
Insights
Sep 25, 2024

HK Security of Payment Bill: an insolvency exception to ban against “pay when paid” clauses?

On 16 July 2024, the Hong Kong LegCo Bills Committee which is considering the Construction Industry Security of Payment Bill (“Bill”) held a meeting to receive representations and submissions on the…
Insights
Aug 05, 2024

HK Government responds to 19 June letter from LegCo in-house lawyer regarding the Security of Payment Bill

Our earlier Insight “LegCo in-house lawyers request clarifications regarding the Security of Payment Bill” reported that the Legal Service Division of the LegCo wrote a letter on 19 June 2024 to the…
Insights
Jul 25, 2024

Hong Kong unveils proposals for first cybersecurity law

The Hong Kong Government recently submitted its proposed legislative framework to enhance protection of computer systems of critical infrastructure (“Proposal”) to the Legislative Council (“LegCo”)…
Insights
Jul 23, 2024

HKIAC releases updated 2024 administered arbitration rules

On 1 June 2024, the latest update to the HKIAC’s administered rules, the 2024 Administered Arbitration Rules (“2024 Rules”) of the Hong Kong International Arbitration Centre (“HKIAC”) came into…
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