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:
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.