Some of the key questions that have been addressed in this note include:

• When is novation used?
• How does novation differ from assignment?
• Who must consent?
• Must a novation be in writing? Can novation be effected by conduct?
• What are the conditions on novation? Is consideration required?
• What if the necessary requirements are not fulfilled?
• What is the position on future and pre-novation liabilities?
• Can you novate part of a contract?
• What are the key considerations when drafting novation agreements?

For further resources related to this topic or other practice areas, see Practical Law Hong Kong Resource Centre.