A paper given to the Society of Construction Law Hong Kong on 10 September 2003
As a member of the World Trade Organisation, Hong Kong acceded to the Agreement on Government Procurement (GPA) in May 1997.
The author discusses the European procurement legislation model on which the GPA is closely modeled. In particular, the author discusses elements of the European model that might have some application in the Hong Kong context, and touches on aspects of the common law which might be used to supplement the GPA regime, describing some cases of importance and interest in this area.
Introduction – What is Procurement Law – The Goals of Procurement Law – The Hong Kong Regime – Choice of Procedure – Increasing Awareness of the Need for Procurement Compliance – Tender Documents – Evaluation of Tenders – Impact of Change During the Tender or the Contract – Remedies – Other Bases of Claim – Other Bases of Challenge.
The author: Michael Bowsher is a Barrister (England & Wales and Northern Ireland), FCIArb, Chartered Arbitrator and CEDR Accredited Mediator.