Secured Finance Law in China and Hong Kong

Valid and enforceable security reduces the risk to the lender and so lowers the cost of credit to the borrower. This analysis of secured lending in China and Hong Kong highlights the differences between the highly complex Hong Kong system and the relatively new system in operation in China.

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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.