Secured Finance Law in China and Hong Kong

This analysis of secured lending in China and Hong Kong highlights the differences between the two systems.

Mark Williams (Author), Haitian Lu (Author), Chin Aun Ong (Author)

9781108738408, Cambridge University Press

Paperback / softback, published 8 August 2019

449 pages
23 x 15.2 x 2 cm, 0.6 kg

This book examines systematically the current systems of secured lending in China and Hong Kong, where companies or individuals offer personal property as security for credit advanced by a lender. Valid and enforceable security reduces the risk to the lender and so lowers the cost of credit to the borrower. However, the Hong Kong system, being largely derived from English law, is highly complex and in need of root-and-branch reform. The forces of inaction have triumphed and valuable opportunities to create a modern, rational and efficient system have been squandered. In China, on the other hand, a completely new system has been created in the last twenty years which, whilst it has various problems and defects, has some notable advantages over the common law equivalent found in Hong Kong.

1. Introduction
2. Security over tangible personal property
3. Security over intangible personal property
4. Company security over personal property
5. Hire-purchase, leasing and conditional sale of tangible personal property
6. Priority of security interests over personal property
7. Enforcement and remedies of the creditor
8. Conclusion.

Subject Areas: Financial services law & regulation [LNPF], Banking law [LNPB], Company, commercial & competition law [LNC], Laws of Specific jurisdictions [LN]