What is the feasibility of applying NEC in Hong Kong private construction market??
To my knowledge there are no legal problems with this. There may be some cultural issues in adapting to its use and understanding its rather different risk and involvement profile as compared to, for example, a FIDIC Red Book.
Having been over in HK earlier this year, I would say one of the biggest risk to it being implemented properly in the public sector is cultural / bureaucratic.
NEC3 requires the person managing / administrating the contract on the Employer’s behalf to act within maximum timescales as timely decision making is a characteristic of good project management.
The bureaucracy within the HK government, where decisions of any magnitude, need to authorised at a higher level by committee and then possibly signed off at an even higher level, does not encourage, even allow this. As I understand it, one significant wrong decision by a civil servant with an exemplary record of delivery (which could just include not following the process) could result in dismissal and no pension.
So good project management and hence effectiveness of the NEC is inhibited.