This article discusses, from a Malaysian comparative perspective, the Hong Kong SAR’s Construction Industry Security of Payment Ordinance (Cap 652), which mirrors Malaysia’s Construction Industry Payment and Adjudication Act 2012 (Act 746) in securing payments under specified construction contracts while offering broader jurisdiction and more flexible adjudication procedures when compared with Malaysia’s centralised and rigid but predictable system. The author argues, however, that the complexity of the Hong Kong framework may pose a number of challenges and that Malaysia’s experience offers valuable lessons for construction adjudication in the SAR.
Asian Dispute Review