How to win government contracts and tenders in Hong Kong

A Comprehensive Guide to Securing Government Contracts in Hong Kong: Navigating Trade Policies, Registration Requirements, and Documentation

Hong Kong’s dynamic public procurement landscape offers significant opportunities for businesses equipped with comprehensive knowledge of regulatory frameworks and strategic alignment with international trade agreements. Companies must navigate stringent registration protocols, comply with evolving transparency standards, and leverage preferential market access provided by regional partnerships such as the Closer Economic Partnership Arrangement (CEPA). This guide synthesises critical insights from official Hong Kong government sources, World Trade Organisation (WTO) publications, and authoritative intergovernmental analyses, providing actionable advice for securing public sector contracts.

Overview of Hong Kong’s Government Procurement Framework

Hong Kong operates as a distinct customs territory under the "One Country, Two Systems" principle, granting autonomy over its procurement processes aligned with international best practices^[3][12]. Public tendering in Hong Kong follows fairness and transparency, mandated by institutions such as the Securities and Futures Commission (SFC), requiring open competitive bids for significant contracts^[1]. Key legislative instruments and frameworks include:

• The Electronic Transactions Ordinance, enabling digital submissions.
• Sector-specific registration and procurement regulations enforced by departments like the Electrical and Mechanical Services Department (EMSD)^[10].

Hong Kong actively engages with international procurement practices, notably through its observer status in the WTO Agreement on Government Procurement (GPA). Recent WTO workshops demonstrate Hong Kong's commitment towards harmonising local procedures with global standards on sustainable procurement and SME involvement^[18].

Registration Requirements for Contractors

General Eligibility Criteria

Companies bidding for public contracts require specific registrations depending upon their operating sector:

• Construction and Engineering: Accreditation via the Architectural Services Department (ArchSD) is necessary, involving assessment of technical expertise and financial stability^[8]. For projects valued above HKD$33 million, additional approval from senior officials, including the Secretary for Financial Services and the Treasury (SFST), is required^[8][16].
• Electrical Works: Mandatory EMSD certification requires submission of qualifications, proof of insurance, office details via “Form 1” applications, and payment of a registration fee of HKD$855. Post-registration contractors receive digital licences issued with anti-forgery QR codes for verification purposes^[10][14].

Sector-Specific Pre-Qualification

Notices for procurement often specify pre-qualification thresholds. For example, MTR Corporation categorises potential tenders into various value bands, ranging from “up to HKD$40 million” to those “exceeding HKD$300 million,” each necessitating different experience and capability evidence^[16]. Similarly, bond tenders administered by the Hong Kong Monetary Authority (HKMA) restrict participation to primary dealers accredited under specific programmes^[5].

Essential Documentation Standards

Tender Submission Protocols

The Government Logistics Department (GLD) mandates electronic tender submissions through its e-Tender Box (ETB), unless otherwise specified. Companies must strictly comply with formatting rules, content requirements, and announced deadlines^[11][15]. Typically required documents include:

• Detailed technical descriptions specifying deliverables and timelines.
• Pricing schedules clearly itemising labour, material, and overhead costs.
• Legally binding declarations confirming compliance with labour and environmental regulations^[6].

Example: Recent Department of Health invitations specified dual-language requirements for supplying technical equipment, clearly stipulating warranty and testing methodologies^[11]. Late submissions automatically disqualify applicants regardless of submission format^[15].

Contract Execution Formalities

Upon awarding contracts, exchanged documents must include wet-signed originals alongside scanned copies that verify authentication with official chops and signatures, minimising potential disputes regarding enforceability^[2]. While digital signatures are increasingly accepted, Hong Kong courts prefer locally compliant solutions over foreign digital signature platforms^[2].

Trade Policy Considerations Influencing Procurement

Tariff Dynamics and Regional Partnerships

Despite ongoing US-China trade tensions creating tariff-related uncertainties for certain exports^[3], businesses can significantly benefit from deep integration with mainland China through CEPA's latest enhancements. CEPA supports service-sector expansion across financial, professional, and tourism services. Notable outcomes include:

• Eliminating equity limitations on service-sector enterprises.
• Incorporating arbitration clauses governed by Hong Kong law, increasing investment confidence^[4].

These developments align with broader Belt and Road Initiative strategies, enhancing infrastructure cooperation and connectivity across the Greater Bay Area^[12][16].

Compliance with International Sanctions and Export Controls

Companies should rigorously monitor global updates regarding sanctions and export controls, such as US Executive Orders expanding tariff scopes, mandating thorough due diligence within supply chains to mitigate risks^[17].

Aligning with Transparency Initiatives

While specific procurement transparency legislation similar to the UK's Procurement Act 2023 is not yet codified in Hong Kong, a trend towards comprehensive transparency remains evident. The HKMA promptly publishes bond tender results through recognised financial news platforms within set deadlines^[5].

Additionally, proactive reporting of projects and performance assessments increasingly impact contractors’ future eligibility rankings^[8].

Conclusion and Strategic Recommendations

Successfully securing Hong Kong government contracts demands multifaceted preparation: thorough compliance with local registration mandates, careful documentation preparation, and proactive alignment with international and regional trade policy developments. Businesses should:

• Prioritise timely certification in sectors poised for growth (e.g., energy, technology, healthcare).
• Leverage CEPA's preferential arrangements to capture mainland China market opportunities effectively.
• Closely monitor evolving trade policies and tariffs to adjust business strategies rapidly.
• Maintain rigorous compliance systems, particularly concerning subcontractor responsibilities and labour standards adherence^[6][12].

By integrating these strategic considerations into operational planning, companies will competitively position themselves within Hong Kong’s robust and sophisticated public procurement environment, helping to meet both business objectives and broader regional economic and social priorities.

[1] https://www.sfc.hk/en/Quick-links/Others/Invitations-to-tender
[2] https://harris-sliwoski.com/chinalawblog/a-qa-on-signing-contracts-with-chinese-companies/
[3] https://hongkongfp.com/2025/02/15/how-hong-kong-got-entangled-in-the-us-china-trade-war-and-why-a-complaint-to-the-wto-may-not-work/
[4] https://english.news.cn/20250303/5059e4f5977d40a38eaa3b6d17781cd9/c.html
[5] https://www.hkma.gov.hk/eng/news-and-media/press-releases/2025/03/20250303-7/
[6] https://www.cambridge.org/core/books/casebook-on-chinese-outbound-investment/labor/74647305737F6D4D5D75F1C0A5E0156D
[7] https://www.dlapiper.com/insights/publications/2025/02/transparency-requirements-in-the-procurement-act-2023
[8] https://www.archsd.gov.hk/media/consultants-contractors/consultants/list-of-consultants-of-aacsb/AACSB_handbook.pdf
[9] https://www.hkma.gov.hk/eng/about-us/tender-invitations/
[10] https://www.emsd.gov.hk/en/electricity_safety/how_to_apply/registering_as_an_electrical_contractor_for_electr/index.html
[11] https://www.dh.gov.hk/english/tender/tender_255.html
[12] https://www.realinstitutoelcano.org/en/analyses/china-and-wto-reform-what-to-expect/
[13] https://www.govinfo.gov/content/pkg/FR-2025-03-07/pdf/FR-2025-03-07.pdf
[14] https://www.isd.gov.hk/eng/tender.htm
[15] https://www.digitalpolicy.gov.hk/en/our_work/digital_infrastructure/business_window/tender_eoi_rfp/tender_dpo-055-074-003-015.html
[16] https://www.mtr.com.hk/en/corporate/tenders/others.html
[17] https://www.goldmansachs.com/pdfs/insights/goldman-sachs-research/trump-tariffs-mostly-talk-or-big-action/TOM_tariffs_REDACTED.pdf
[18] https://tams.wto.org/node/10466