Alan Yip is a partner of Mayer Brown JSM. He advises on compliance with first-hand sale legislation, project conveyancing, land compulsory sale, commercial real estate (M&A) and joint ventures, PRC real estate projects and acquisitions, strategic acquisitions for redevelopment purpose, building plans and town planning matters, property-related litigation (judicial review, building appeals, planning appeals), Government leases matters, large-scale leasing projects in Hong Kong and PRC, stamp duty matters.
The talk will be centered around Contracts (Rights of Third Parties) Ordinance (Cap 623) with emphasis on
- possible impacts this Ordinance would have on the property market
- impact of the opt out by the Lands Department
- could the “opt out” be used by our clients in landed contracts and
- how should professionals protect their interests in the service contract
Lands Department has recently incorporated a standard clause in the land leases which reads
“Notwithstanding any other provisions of this Agreement, a person who is not a party to this Agreement shall not have any right under the Contracts (Rights of Third Parties) Ordinance to enforce any provisions of this Agreement. This does not affect any right or remedy of such third party which exists or is available apart from that Ordinance.”