Keywords: Hong Kong, contracts, ordinance, contract rule
The Government has gazetted 1 January 2016 as the commencement date of the Contracts (Rights of Third Parties) Ordinance (the "Ordinance").
The Ordinance radically reforms Hong Kong's long established privity of contract rule. Once it is in force, a third party may, in certain circumstances, be able to enforce a contract to which it is not a party.
We are advising clients to treat now as a lead-in period, and take practical steps to get their contracts ready. To assist, we have been running a number of well-received seminars introducing the Ordinance. We will publicise future dates in due course.
Please see our earlier legal updates:
- " What Do Employers Need to Know about the Hong Kong Contracts (Rights of Third Parties) Bill?"
- " The Impact of the Contracts (Rights of Third Parties) Bill on Employers and Employees"
Intellectual Property and Technology, Media & Telecommunications
- " The Hong Kong Contracts (Rights of Third Parties) Bill and its Impact on the IT Industry"
- " Crossing borders - New Guidance on the Transfer of Personal Data outside Hong Kong" (see section 'Model Clauses')
We will be pleased to discuss the potential impact of the Ordinance on your contracting arrangements.
Originally published 9 June 2015
Visit us at www.mayerbrown.com
Mayer Brown is a global legal services organization comprising legal practices that are separate entities (the Mayer Brown Practices). The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales; Mayer Brown JSM, a Hong Kong partnership, and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.
© Copyright 2015. The Mayer Brown Practices. All rights reserved.
This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein. Please also read the JSM legal publications Disclaimer.