Litigation relating to defective software under Hong Kong Law: old bottle for new wine?

Abstract

In contrast to the abundance of similar litigation in other common law jurisdictions, software-related litigation has been relatively infrequent in Hong Kong. This article considers the different kinds of litigation in relation to defective software that are possible under Hong Kong law. It also evaluates the adequacy of the current legal framework in dealing with software contracts, and considers how the existing legal framework can be improved, drawing on the experience of other countries. It concludes that while defective software may not have produced a significant amount of litigation locally, a host of issues will soon have to be addressed by the Hong Kong courts. In addition, the need for new legislation for software liability may have to be addressed by the legislature.