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Lecture

The security of payment legislation in Hong Kong and lessons learnt from Singapore

Event organised by ICE

Date
24 January 2024
Time
19:00 - 21:00 HKT (GMT+8)
Location
Chan Ma Ching Heung Lecture Theatre (Room E0313)
Jockey Club Campus (JCC), Hong Kong Metropolitan University
81 Chung Hau Street
Ho Man Tin
Kowloon,
Hong Kong

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Overview

Please note that this seminar is jointly organised by ICE HKA and Lighthouse Club Hong Kong and will be held on 24 January 2024 from 18:30 – 21:00 HK time.

The HKSAR government launched a pilot security of payment scheme, which applies to public work contracts tendered after December 2021 and qualifying subcontracts. Although the scheme provided for adjudication as a dispute resolution mechanism for payment and specific other disputes, our understanding is that there have been few actual adjudications.

The HKSAR government plans to introduce the Construction Industry Security of Payment Bill to the Legislative Council in 2024, so that the bill would come into operation in 2025. If enacted, the bill will provide a statutory scheme for adjudication for both public and qualifying private construction contracts.

For better understanding of the Security of Payment Legislation and adjudication, practical lessons from a similar jurisdiction would be beneficial. In Singapore, the Building and Construction Security of Payment Act has implemented a statutory adjudication regime for payment claim disputes arising out of construction projects since 2005.

The key objective of this regime is to facilitate cash flow for work done on construction projects in a simple, speedy and cost-effective manner. It is widely accepted that these objectives have been well-met. With the latest amendments to the Act taking effect on 15 December 2019, the regime has been further refined and modernized, including in relation to the scope of application, timelines and acceptable methods to serve documents. 
 
Topics to be covered in the seminar:

  • History of adjudication in HK
  • Contractual security of payment scheme
  • Updates on the Security of Payment Legislation
  • Practical lessons from the statutory adjudication regime in Singapore
  • What types of claims are suitable for adjudication? How best to put them forward?
  • What documents and submissions are helpful to provide to an adjudicator?
  • Should adjudication conferences be held, or should adjudications proceed on a “documents only” basis?

Notes:

  • Registration will be confirmed on a first-come-first-served basis, with priority given to ICE HKA and LHC members.    
  • Only successful applicants will receive a confirmation e-mail.
  • Attendance certificates will be provided after 2 weeks of the event only if attendees attend the whole event.
  • The above is subject to change without prior notice

Technical Report Prize:

The event is designated by the HKA committee and is eligible for the Technical Report Prize. ICE HKA awards prizes to ICE members who reside in Hong Kong and prepare reports of a high standard on the caption technical event. Winners will be given a prize of HK$500.

For the eligibility and more information about the prize, please visit ICE website (ICE Hong Kong Awards | Institution of Civil Engineers (ICE)). Submit your report and below info to [email protected] by 23 February 2024 and win the prize!

Organised with

Lighthouse Club HK

Lighthouse Club HK

The Lighthouse Club Hong Kong is a non-political organization supporting the construction industry in Hong Kong, through the promotion of good fellowship among its members and the provision of charitable assistance to distressed persons within the industry.

Speakers

Genn Haley

Genn Haley

Bryan Cave Leighton Paisner LLP

partner

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Genn Haley

Glenn Haley, with 35+ years' expertise in major projects, infrastructure, and construction, is a highly regarded dispute resolution practitioner in Hong Kong SAR. He has represented government bodies in large-scale infrastructure developments and has extensive experience in litigation and arbitration. Glenn's contributions include chairing the Buildings Appeal Tribunal, lecturing, publishing articles on dispute resolution, construction law, and other areas of commercial law.

Wanjing Goh

Wanjing Goh

Bryan Cave Leighton Paisner LLP

partner

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Wanjing Goh

Wanjing Goh is a highly experienced lawyer specializing in transactional infrastructure, construction, and engineering projects in Asia. She advises on major infrastructure and real estate development, with expertise in power, renewables, and commercial real estate sectors. Wanjing is recognized for her dispute resolution skills and is an Accredited Specialist in Building and Construction Law in Singapore.

Yvonne Foo

Yvonne Foo

Harry Elias Partnership LLP

partner

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Yvonne Foo

Yvonne Foo is specializing in Construction and Engineering, and Energy and Infrastructure. As an advocate and solicitor, she advises clients on construction-related disputes and assists with contract review and negotiation. Yvonne has received consistent recognition from leading legal directories and publications for her expertise in construction law.

For more information please contact:

Crystal Fung

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