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THE SCL DELAY AND DISRUPTION PROTOCOL
has been prepared by SCLUK as an aid to managing and assessing delay and disruption in construction projects.Visit
SCLUK's special website.

 
   
  Find details of the papers published by the Society, many of which can also be found online.  
   
  MEMBERSHIP BENEFITS SCL INTERNATIONAL WEBSITE AND RECIPROCAL PAPERS ACCESS

Members who have registered to use the SCLHK website may download online papers for free, and are also entitled to access to the SCL International website, where they may also download the papers from SCLHK’s international sister Societies at no charge. Sister Societies with papers published on the international site currently include SCLs in the Gulf, New Zealand, Singapore and UK. More papers are progressively being added. Click here to go to our Members Only area for registration instructions. Click here to link to the SCL International website.

For more Member Benefits see here
 
   
 

Since its foundation in 2001, the Society of Construction Law Hong Kong (SCLHK) has worked to promote for the public benefit education, study and research in the field of construction law and related subjects (including ADR, arbitration and adjudication).

SCLHK is affiliated with and shares similar objects with the UK-based Society of Construction Law (SCLUK), established in 1983.

The Society holds frequent meetings and other events.

The Society welcomes new members. Read more about benefits, and apply online.

     
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  Latest Paper  
 

Title: Transcript Paper: Third Party Funding for Arbitration: Practical Opportunities and Challenge for Construction Disputes
Author: Julian Cohen
Paper no.: 179

 
   
 

Title: Proceedings of the One Day International Conference 2018 on Defects, Quality and Workmanship - Presenting the Evidence
Author: A conference organised by The Society of Construction Law Hong Kong
Paper no.: 178

 
   
     
     
  LATEST NEWS  
   
  Post Date: 2019 Jun 12  
    Notice of AGM 2019  
    The Annual General Meeting of the Society of Construction Law Hong Kong will be held at the Hong Kong Club, No.1 Jackson Road, Central, Hong Kong on Wednesday 12 June 2019 commencing at 6.15 p.m followed by a talk to be given by the Hon Justice Russell Coleman  
   
  Post Date: 2019 Sep 19  
    The Society of Construction Law London Conference  
    https://www.scl.org.uk/participate/events/society-construction-law-london-conference

Speakers: Lord Justice Coulson, Dr. Franco Mastrandrea, HKA, David Barry, Blackrock Expert Services; Shy Jackson, Pinsent Masons; Christopher Miers, Probyn Miers; Mark Wheeler, Diales; Hannah Wennell, Morgan Sindall; Richard Wilmot-Smith QC, 39 Essex Chambers, Karen Gough, 39 Essex Chambers, Ellis Baker, White & Case; John Hughes D'aeth, Bryan Cave Leighton Paisner; Alistair McLean, Brodies; Victoria Peckett, CMS, Sir Rupert Jackson, 4 New Square Gwyn Owen, Chartered Arbitrator, Alexander Nissen QC, Keating Chambers Garry Borland QC, Axiom Associates, Katie Powell, Atkin Chambers Fiona Sinclair QC, 4 Pump Court Robert Stevenson, BLM, Paul Battrick, Diales, Craig Arnott, Managing Director Burford Capital; Nicholas Bacon QC, 4 New Square; Robert Hanna, Augusta Ventures Limited; Yasmin Mohammad, Head of International Arbitration Vannin Capital, Mrs Justice Cockerill DBE. Closing comments by Jonathan Cope, SCL Chair. 
 
   
  Post Date: 2019 May 27  
    Regulation of the Hong Kong Construction Industry  
    Mr Thomas Lee, on behalf of the Society of Construction Law Hong Kong, cordially invites you to an evening seminar to be held on Monday 27 May 2019 delivered by Dr Gerard McCoy QC SC, Dr Nisha Mohamed and Jim Sherry from Gilt Chambers which will be held at the Hong Kong Club.

Dr McCoy SC will discuss (1) the importance of engaging counsel at the early stages of investigation, (2) dealing with on-site inspectors, (3) understanding the scope of their compulsory powers, (4) what constitutes strict liability offences, (5) its possible defences and (6) the key role of expert evidence in departmental summonses. Dr Mohamed will demonstrate these principles by looking at an Environmental Protection Department prosecution case study, and the practical aspect of defending such summonses in the courtroom. Mr Sherry will deal with the important matters of mitigation, penalties and the recent Legislative Council paper on Penalties regarding departmental summonses.

Dr. Gerard McCoy QC, SC, SBS, BA, LLB (VUW), M Sc, PhD (Law) (Cant) is a leading silk admitted as a barrister in many jurisdictions including New Zealand, Australia, Hong Kong, Fiji, the Cook Islands, Niue, the Isle of Man and England. His interests are constitutional law, public law, evidence, criminal law, extradition, defamation, competition law, commercial law, medico-legal, disciplinary tribunals and equity. He regularly appears as counsel in the highest courts of a large number of different trial and appellate common law jurisdictions including the Privy Council (most recently Arorangi Timberland Ltd v Minister of the Cook Islands National Superannuation Fund [2016] UKPC 32, [2017] 1 WLR 99. He has been accepted as an expert witness in the law of Hong Kong in Australia, New Zealand, Malaysia, Singapore, Brunei, Luxembourg, The Netherlands and the United Kingdom (most recently on behalf of the Australian Government in the Federal Court of Australia). He was appointed as a Deputy Judge of the High Court of Hong Kong in 2001-2003, exercising full civil and criminal law jurisdiction and as a Recorder of the High Court 2006-2008. He was a member of two Hong Kong Law Reform Commission Committees. He is also Professor of Law at City University of Hong Kong. He is an Adjunct Professor of Law at Canterbury University in New Zealand where teaches LLM students and occasional undergraduate courses. He was awarded the Silver Bauhinia Star in 2005.

Dr. Nisha Mohamed’s practice includes a wide variety of civil and commercial matters, including insurance, trusts, probate and tax. Nisha has a particular interest and focus on insurance related matters. She frequently advises policyholders and insurers. Other matters she advises on include disputes between insurers and policyholders regarding policy wordings, matters relating to D&O liability insurance, and double insurance. She has handled numerous first instance and appellate level cases, including High Court trials and appeals in the Court of Appeal and Court of Final Appeal. Nisha completed six months pupillage in a specialist construction and arbitration chambers in London. She is called to the Bar of England and Wales. She also regularly prosecutes and defends in the Criminal Courts, and lectures and tutors on the JD, LLB and PCLL courses at the University of Hong Kong and City University of Hong Kong.
Mr. Jim Sherry is a Barrister, Hong Kong Bar (2005), Solicitor, Hong Kong (2001), HKIAC Panel of Arbitrators, HKIAC Accredited Mediator, Barrister & Solicitor of the Supreme Courts of South Australia (1994), Victoria and New South Wales (1998), Barrister & Solicitor of the High Court of Australia (1994) and Solicitor England and Wales (2001). He was previously appointed as a Judge of the High Court of Fiji and Chairman of the Building Appeals Tribunal. Jim advises on and appears in the Hong Kong Courts in relation to Criminal and Civil Fraud cases, Violent Crime, Money Laundering, Asset Confiscation and Recovery, Regulatory Litigation involving Industrial Summonses, Construction Disputes, Asset Recovery for Victims of International Cybercrime, Extradition Hearings, Shareholder and Joint Venture Disputes, Company Law, and Judicial Review.
 
   
  Post Date: 2019 Apr 11  
    Questions arising from a construction insolvency: a liquidator’s perspective  
     This presentation will be delivered by John Lees and Sammy Koo of Ernst & Young
This will be a practical seminar covering a range of issues which commonly arise in a construction insolvency including dealing with clients and the supply chain, plant and machinery on site, the supply of materials and retention of title clauses, the operation of bank accounts and joint venture arrangements. Case studies will be used to highlight how parties might best deal with these complex issues.

John Lees, Executive Director, Restructuring, Ernst & Young
A Hong Kong resident since 1988, John has led the turnaround of many listed public and private companies in Hong Kong and has conducted insolvency assignments in Hong Kong, the PRC and other Asian and offshore jurisdictions. These assignments include Members and Creditors Voluntary Liquidations, Court Liquidations and Provisional Liquidations, Court Receiverships and Receiverships under Debentures and Bankruptcies. John’s experience spans across most industries including finance, construction, shipping, logistics, manufacturing, property, retail, information technology and insurance. He works extensively with government agencies, regulators and private sector clients in investigation, asset and fund tracing and litigation support matters. John recently joined EY as an Executive Director in January 2019 along with the rest of the JLA Asia Limited team.
Sammy Koo, Partner, Restructuring, Ernst & Young

Sammy is a Partner at Ernst & Young Transactions Limited, Hong Kong, specializing in domestic and cross-border corporate restructuring. She has more than 18 years of experience, focusing on the trading resumption of public entities, distressed turnarounds, insolvency, debt capital restructuring, strategic exit solutions, contingency planning, recovery and resolution planning, financial feasibility assessments and regulatory consulting. Sammy has led the restructuring of various companies suspended on the Main Board or GEM Board of HKEX to successfully resume trading including the reverse takeover of a construction company and receivership of a luxury residential development with construction in progress.
 
   
  Post Date: 2019 Mar 21  
    Hong Kong-Macau-Guangdong Greater Bay Area: Opportunities and Challenges for Construction Professionals  
    https://www.scl.hk/meetings_detail.php?meeting_id=141

On 18 February 2019, the Central Committee of the Communist Party of China and the State Council released the long awaited development plan for the Hong Kong-Macau-Guangdong Greater Bay Area. But what does it tell us about the Central Government's plans for the region? And what does it mean for construction professionals working in Hong Kong, Macau and South China?

Join Steve Lewis of KPMG and Ben Bury of HFW to explore some of the new and innovative construction opportunities created by the GBA project and some of the possible challenges that lie ahead.

Steve Lewis leads KPMG China’s Major Project Advisory business, providing advisory services to the built asset environment not only in China but also across the Asia Pacific region. Steve is a Chartered Surveyor with multiple years of experience in delivering and advising on a range of fast moving and complex projects in a range of roles spanning the asset lifecycle across Asia, America and the UK. He has extensive experience as a lead adviser on a large range of infrastructure and other built asset programmes, particularly in the aviation, rail and social infrastructure sectors. Steve is the deputy chair of the American Chamber of Commerce Infrastructure group, serves on the British Chamber of Commerce Construction Industry Group, the British Chamber of Commerce Real Estate Group and is a committee Member of the Royal Institution of Chartered Surveyors Construction group.

Ben Bury is a Registered Foreign Lawyer in HFW's Hong Kong office and a Partner in HFW's Singapore office. For more than 13 years, Ben has assisted clients to resolve disputes arising out of complex and high value construction projects. Ben has been based in Asia since 2011 and has advised on disputes arising out of some of the largest and most significant projects in the region. Ben has worked for or against corporations or on projects connected to almost every country in Asia-Pacific including China, Hong Kong, South Korea, Japan, India, Bangladesh, Thailand, Vietnam, Malaysia, Indonesia, the Philippines, Singapore, and Australia. He has acted as counsel on arbitrations seated in numerous jurisdictions and institutional rules.
The Hong Kong Club, Victoria Suite 1/F, 1 Jackson Road, Central, Hong Kong

The dress code is smart casual and/or lounge suit. Please note the Hong Kong Club dress code does not permit denim. Use of electronic devices on Club premises is prohibited.

 
   
  Post Date: 2019 Feb 20  
    Compiling Loss of Profits claims - An Accountant's Perspective  
    This presentation will be delivered by Neill Poole, Senior Managing Director, Global Disputes & Investigations, Ankura.

Neill will discuss compiling loss of profits claims. The presentation will cover key principles and considerations involved when calculations of loss of profits are compiled, including accounting issues and evidence; forecasts and assumptions; the discounted cashflow methodology; determining an appropriate discount rate; etc.

Attendees should obtain from the presentation a better appreciation of the issues and challenges commonly experienced when compiling loss of profits calculations and strategies for addressing them.
 
   
  Post Date: 2019 Jan 23  
    Building Virtually for Eternity  
    Our council member, Thomas Lee, on behalf of the Society of Construction Law Hong Kong, cordially invites you to an evening seminar to be held on Wednesday 23 January 2019 delivered by Lee Baker of HKA on Building Virtually for Eternity which will be held at the Hong Kong Club.

Lee will take a frank look at construction technology in particular BIM and digitalization. Lee will address the gathering and use of data on construction projects and the difficulties this can cause. He will explore some of the contractual issues around BIM that are likely to be faced in the near future and what construction
professionals can do about it. Lee then explore how we can use technology to communicate complex ideas and how this may be used by experts and counsel to assist courts and tribunals.

SCLHK extends the invite to this evening seminar to the young members of the Chartered Institute of Arbitrators (East Asia Branch) and the young members of the Hong Kong Institution of Engineers on the same terms as available to members of SCLHK.
 
   
  Post Date: 2018 Nov 9  
    SCLHK One Day International Conference 2018  
    www.scl.hk/conference2018

"Defects, Quality and Workmanship - Presenting the Evidence"


Defective work and poor workmanship are problems which have been around for a long time. In Hong Kong, high profile cases include the short piling cases almost 20 years ago, and more recently a collapsing sports centre roof, lead in water pipes, controversy over wave absorbing blocks on the Hong Kong-Zhuhai-Macau Bridge and a series of high profile alleged defective works which have rocked the MTR on the Shatin to Central Link. The latter has led to the recent appointment of a Commission of Inquiry to investigate reinforcement works on one project and to make recommendations on measures to promote public safety and assurance on the quality of works.

Conversely, employers are frequently withholding money based on little evidence, often with liability between design and workmanship far from being established. Without sufficient evidence to hand, the contractor can be tried and convicted in the court of public opinion long before defects have even been proven causing irreparable disruption to the business and damage to reputation.

This conference will examine typical standard provisions which deal with defective work, quality and workmanship, why such provisions do not always achieve their aims, and how evidence in such cases should be recorded and subsequently presented to a tribunal.
 
   
  Post Date: 2018 Sep 6  
    SCL Scholarship Rules and Application Form (2018 update)  
    The Society of Construction Law Hong Kong has a limited number of scholarships. If you would like to apply please use the forms below.  
   
  Post Date: 2018 Jun 6  
    Scholarship rules and application  
     The Society of Construction Law Hong Kong has a limited number of scholarships. If you would like to apply please use the forms below.   
   
  Post Date: 2017 Oct 23  
    LinkedIn Group  
    SCLHK has launched a new LinkedIn group to promote events and seminars. If you would like to join the group please visit

https://www.linkedin.com/groups/10356693
 
   
  Post Date: 2017 Aug 16  
    Elements Of A Robust Delay Analysis by Wendy MacLaughlin  
    Transcript of a paper given to members of The Society of Construction Law Hong Kong in Hong Kong on 16 August 2017.  
   
  Post Date: 2017 Jun 14  
    Presenting A Case In Mediation – A QC’s Perspective  
    Transcript of a paper given to members of The Society of Construction Law Hong Kong in Hong Kong on 14 June 2017  
       
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