Independent committee allows flexibility, swift and comprehensive investigation: former security chief

 While some have voiced concerns about the government's decision to establish an independent committee to investigate the deadly five-alarm blaze at Wang Fuk Court in Tai Po, former Secretary for Security and Election Committee lawmaker Lai Tung-kwok defended the move, arguing that a non-statutory inquiry allows for greater flexibility in evidence gathering and public hearings.

Lai Tung-kwok: Faster, less burdened by legal procedure

Lai believes that without the constraints of formal legal procedures, the committee can complete its work more quickly and with fewer technical obstacles.

He acknowledged the absence of legal powers but said all government departments are expected to follow the Chief Executive’s instructions and provide information upon request. 

The committee can also invite eyewitnesses and industry members to offer testimony or views, after which it may seek further responses from relevant departments.

“As long as the committee’s remit and objectives are clear, the independent committee is a suitable arrangement,” he said.

Senior counsel Anthony Neoh said a committee without statutory backing is limited in what it can achieve. Such bodies, he noted, tend to focus on systemic issues rather than accountability. He warned that, without legal powers, witnesses may refuse to testify.

“A statutory commission of inquiry has the power to summon witnesses, and evidence given before it cannot be used in subsequent civil or criminal proceedings,” he said. Without these protections, people “may remain silent for fear of lacking statutory immunity,” Neoh added, stressing that the committee’s scope and authority must be clarified.

Lawyer and Election Committee lawmaker Doreen Kong Yuk-foon said many residents are asking why the government did not form a statutory commission of inquiry, a mechanism widely used in common law jurisdictions. She called on Chief Executive John Lee Ka-chiu to explain the decision in detail and urged the administration to consider giving the committee stronger investigative powers.

Government defends flexibility of non-statutory approach

Despite the rising questions, Chief Executive John Lee announced the formation of a judge-led independent committee to examine the causes and related issues of the blaze.

The Chief Executive’s Office said the committee will operate in a manner similar to past major accident inquiries, including the 2003 Tuen Mun Road crash and the 2018 Tai Po Road bus crash, both of which produced official reports.

The government pledged to support “efficient operations,” promising to respond to requests and “proactively provide additional information” to help expedite the probe and enable the committee to submit recommendations as soon as possible.

A spokesman said appointing a judge demonstrates a commitment to a “comprehensive, fair and impartial” investigation, emphasizing the committee’s independence and credibility. Details of the committee’s mandate and membership will be announced later.