28 Jun 1991
ATTORNEY GENERAL OF HONG KONG v. WANG CHONG CONSTRUCTION CO LTD
- Citation
- ATTORNEY GENERAL OF HONG KONG v. WANG CHONG CONSTRUCTION CO LTD
- Court
- Court of Appeal
- Case number
- CACV172/1990
The Court of Appeal held that (1) the maintenance certificate did not conclusively bar the Government's claim because clause 117(4) empowers an arbitrator to open any certificate and clauses 102–105 do not plainly make the maintenance certificate an absolute bar; (2) P.L. Kwan was not the Architect under the contract because the public office named in the Articles had ceased and the successor was not automatically to be treated as Architect; accordingly no valid referral to the Architect had been made and an arbitrator could not be appointed until Government authorizes and notifies a person t…