6 Mar 2006
CHINA HARBOUR ENGINEERING CO (GROUP) v. THE SECRETARY FOR JUSTICE OF THE HKSAR
- Citation
- CHINA HARBOUR ENGINEERING CO (GROUP) v. THE SECRETARY FOR JUSTICE OF THE HKSAR
- Court
- Court of First Instance
- Case number
- HCCT44/2004
SCT2, read in the context of the entire tender documentation and surrounding background, was directory not mandatory; the procuring entity had a lawful discretion to treat non‑compliant tenders as conforming; CTB properly exercised that discretion, treated bidders equally, and did not breach the process contract or implied terms; Notes for Tenderers were non‑contractual guidance and the Review Body report was non‑binding and of limited weight.