Architect loses appeal against professional misconduct ruling for botched building renovation

An architect who was disciplined for severe delays and mismanagement of a major renovation project in Mong Kok has had his appeal dismissed by the High Court on Thursday. The Court of Appeal upheld the Architects Registration Board's decision, which found him guilty of professional misconduct, stating that the original penalty was reasonable and proportionate.

Renovation project plagued by delays

The case centers on architect Dickie Lau Kam-sing, the founder and managing director of Wealthy Gate Architects & Associates Limited. 

In 2012, his firm was hired as the consultant for the maintenance and fire safety engineering works for the Kwok Wing Building in Mong Kok. The project was subsidized by the Urban Renewal Authority's "Operation Building Bright" scheme.

However, the owners of the building filed a complaint after the renovation work experienced severe delays. The fire safety engineering work had not even commenced nearly five years after the contract was signed. 

These delays resulted in the URA reducing its subsidy by almost HK$970,000. The owners reported that Lau was unresponsive to their inquiries and ultimately terminated the fire safety contract in 2018.

Misconduct ruling and penalty

Following a complaint in 2020, the Architects Registration Board's inquiry committee investigated the matter. The committee found Lau guilty of professional misconduct on multiple grounds.

These included inadequate supervision, causing severe delays in the fire safety project, miscalculating insurance fees, failing to pursue a warranty bond, submitting false or incomplete information, and providing improper advice on the tendering process.

As a result, the board issued a verbal reprimand and ordered that his name be removed from the architects' register for six months, suspended for one year.

Court upholds board's decision

Lau appealed the board's decision, arguing that he was not directly involved in the project, which was managed by a professional team, and denied any professional misconduct or negligence.

The Court of Appeal rejected these arguments in its judgment yesterday. The court ruled that as the company's director, Lau held ultimate responsibility for the project and could not absolve himself by delegating tasks to a team. 

The judges noted his failure to fulfill his supervisory duties and the fact that he signed a completion certificate while work was still unfinished, which led to the project's delays and the owners' financial loss.

The court found that the inquiry committee's ruling was correct and that Lau's actions constituted professional negligence. It concluded that the penalty was proportionate, reflecting the seriousness of the misconduct while considering the public interest and the reputation of the architectural profession. The original verdict and sentence were therefore maintained.

Court documents also revealed that Lau was declared bankrupt in 2019 over an unpaid loan of HK$8 million. 

According to his public information, Lau holds multiple degrees from the University of Hong Kong and was a candidate in the 2016 Election Committee subsector elections for the Architectural, Surveying, Planning and Landscape functional constituency.