Hong Kong is a party to the World Trade Organization’s Agreement on Public Procurement (GPA), which provides legal guarantees of market access for the suppliers of Parties to the Agreement. A modernized version of the Agreement, which was adopted in 2012, incorporates expanded market access commitments, improved transitional measures for developing countries that join and enhanced flexibilities for all Parties.

Our attorneys are well-versed in the nuances associated with GPA provisions and are experienced in providing counsel relating to the various types of government procurement, including open tendering, selective tendering, prequalified tendering and signal or restricted tendering. Our attorneys understand the full spectrum of the government tendering process and assist clients with complying with procurement rules and advising them on challenges.

Lead by outsourcing and compliance specialists, our team has advised clients on tenders and procurement projects involving state owned enterprises and government departments in both Hong Kong and mainland China with a particular focus on high technology and life sciences.

Representative Matters

  • Representing a major international medical devices company on a nationwide trial and procurement process with the Ministry of Health in China for diagnostic equipment
  • Advising a US based manufacturer of specialty networking equipment on the inclusion of their patented technology and equipment in a roll out by the state grid
  • Advising clients on the tendering and contracting process in respect of various aspects of the design of the proposed C919 airliner for the Commercial Aircraft Corporation of China (COMAC)
  • Advising various clients on opportunities arising under the Hong Kong government’s ‘Digital 21’ outsourcing strategy

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