本中心為一非牟利有限擔保機構,致力改善及推動以優良糾紛預防及解決方式改善建築業操作的和諧和成就。HKCAC is a non‐profit taking organisation limited by guarantee purposed to promote the best professional practice of dispute prevention and resolution for the best benefit and harmony of the construction industry. HKCAC HKU Conference on Construction Dispute Resolution in Hong Kong 2015 19 March 2015 at the Large Moot Court, Faculty of Law, University of Hong Kong. HKCAC President, Dr. CHEE Wai Hung, Simon’s Opening Speech Good Morning. the Honorary Secretary for Justice ‐ Mr. Rimsky Yuen, the Dean of the Faculty of Law of the University of Hong Kong ‐ Professor Michael Hor, guest speakers, moderators, panelists, representatives of the supporting organisations and sponsors, ladies and gentlemen. Welcome to the Conference on the Construction Dispute Resolution of Hong Kong 2015, which is jointly organized by the Hong Kong Construction Arbitration Centre, Limited and the Centre of Chinese Law, the Faculty of Law of the University of Hong Kong. First, I wish to show you some names on the screen behind me. The total of 57 names represents those organisations which give a response to the call of this very first‐time Conference in Hong Kong solely focused on “Construction Dispute Resolution” and organised by the first‐timer, HKCAC jointly with HKU. They come in as a sponsor, a supporting organisation, or by sending their representatives to participate as an audience. These familiar names tell that a significant part of our construction industry and the dispute resolution sector do concern and wish to move forward with the subject matter for their respective good and the construction industry as a whole. More, the Conference has been warmly embraced by veteran, prominent speakers, panelists and moderators ‐ from the construction industry in the position of Employers, Main Contractors, sub‐contractors and consultants ‐ to gurus in the dispute prevention and resolution sector. Their generosity in offering precious time and excellent perspectives in the 3 Pre‐Conference Meetings, the writing up of summaries for the Conference Brochure, and their presentations today is simply invaluable ‐ at an industrial level. This Conference has, for the first time, staged a platform for the construction and dispute resolution camps where they can continue to work together hand‐in‐hand, earnestly looking always for the better ways to resolve the inevitable construction disputes. Page 1 Address: 15/F., Winner Commercial Building, 401 Lockhart Road, Causeway Bay, Hong Kong. Tel: +852 2545 1501 Fax: +852 2545 2500 Website: www.hkcac.net Email : [email protected] 本中心為一非牟利有限擔保機構,致力改善及推動以優良糾紛預防及解決方式改善建築業操作的和諧和成就。HKCAC is a non‐profit taking organisation limited by guarantee purposed to promote the best professional practice of dispute prevention and resolution for the best benefit and harmony of the construction industry. HKCAC HKU Conference on Construction Dispute Resolution in Hong Kong 2015 19 March 2015 at the Large Moot Court, Faculty of Law, University of Hong Kong. HKCAC President, Dr. CHEE Wai Hung, Simon’s Opening Speech Construction contracts assume an advanced form of commercial contract. Centuries of efforts from all over the world has been put to revolutionize it with the embodiment of an ever growing mechanism to accommodate changes out of the foreseeable and the unforeseeable throughout the life of the contract, which may be years or even decades. The sophisticated provisions for variations, claim procedures, obligations to notify, extension of time, just to name a few. Whether the contract form be the conventional GCC or the contemporary NEC, the HKIA/HKIS private forms or with the adoption of the Dispute Resolution Advisor system, they serve the single purpose of “dispute prevention” by first accommodating or dissolving them as part of the contract as far as agreeable. Yet, the provision for dispute resolution in them simply cannot be taken away. We all know that prevention is always better than cure, and yet, we do always wish and need for the best cure when we really need a doctor. Dispute resolution provisions in construction contract are “supposed” to be the best cure we all hoped for. The better is yet to come ‐ as a matter of process design and the people serving on construction disputes. In my view, dispute resolution serves as the ultimate “Change Mechanism” very essential to construction contracts that protects and preserves the original, vested interests of the parties when all the preventative means have been exhausted. I am sure I don’t need to quote figures ‐ you all know where our construction industry stands in terms of disputes. However, dispute resolution relies on the prudence and the expedience of a third party who need to know the disputes, know the parties and know how to settle the disputes qualitatively as wished by the parties. I cannot help but always remembering the Judiciary’s interests on ADR in its CJR report 2001 that ADR must be simple and flexible to serve the dispute in question, and the DOJ’s HK Mediation Code with regard to the mediator’s “responsibility to the mediation process and the public”, that the mediator shall be competent and knowledgeable in the process of mediation with specialist training relating to the nature of the disputes. This is where HKCAC has been in pursuance in the past years, in this Conference, and will be in the future, always looking for the better and construction‐ specialised ways to resolve construction disputes so that the contract holders of the construction industry can rely Page 2 Address: 15/F., Winner Commercial Building, 401 Lockhart Road, Causeway Bay, Hong Kong. Tel: +852 2545 1501 Fax: +852 2545 2500 Website: www.hkcac.net Email : [email protected] 本中心為一非牟利有限擔保機構,致力改善及推動以優良糾紛預防及解決方式改善建築業操作的和諧和成就。HKCAC is a non‐profit taking organisation limited by guarantee purposed to promote the best professional practice of dispute prevention and resolution for the best benefit and harmony of the construction industry. HKCAC HKU Conference on Construction Dispute Resolution in Hong Kong 2015 19 March 2015 at the Large Moot Court, Faculty of Law, University of Hong Kong. HKCAC President, Dr. CHEE Wai Hung, Simon’s Opening Speech upon with confidence. Hong Kong construction has been renowned internationally on its capabilities and efficiency. I am very sure that, with the active participation of all of you from today onwards, a well‐founded institutionalized construction dispute resolution professionalism and practices will be constructed, strong and stern. Besides benefiting Hong Kong, it will become its new asset upon which our neighbouring cities wlill come over to learn. The Conference has been cordially blessed by the presence of the Secretary for Justice, Mr. Rimsky Yuen, who is the leader on the dispute resolution development in the territory, the great promoter on all forms of ADR, and a friend – as the Guest of Honour today. May I express my deepest gratitude for his continuous support, and earnestly listen to his address in minutes to come. Before I end my speech, I’d like to thank Professor Michael Hor and Professor Zhao Yun, the Director of the Centre for Chinese Law, for their endless support throughout the making of the Conference and generosity for allowing us to use this beautiful venue so that we all can focus ourselves on the topic in comfort. I personally hope that we can do more together on the subject of dispute resolution in the future. I’d like to thank all the speakers, panelists and moderators for your kind contributions to make this Conference a substantively substantial one. I’d like to thank all of you who come here today in person to turn this Conference into a lively, dynamic and a really useful one. Last but not the least, I am absolutely in great debt to the Chairman, Mr. KC Yuen, and the members of the Organising Committee and the HKCAC Secretariat. Without them, this Conference will never be possible. Thanks you. Page 3 Address: 15/F., Winner Commercial Building, 401 Lockhart Road, Causeway Bay, Hong Kong. Tel: +852 2545 1501 Fax: +852 2545 2500 Website: www.hkcac.net Email : [email protected]