The Hong Kong Bar Association (HKBA) is proposing around 50 statutory amendments aimed at curbing anti-competitive practices and improving fire safety and management standards following the deadly Wang Fuk Court fire.
The legislative review report, compiled by a dedicated task force starting in January, addressed systemic issues in four areas: criminal law, competition law, construction law and building management. They draw on an independent review of legislation in seven overseas jurisdictions.
Hong Kong Bar Association chairman José Antonio Maurellet
The report recommended criminalizing bid-rigging under the Competition Ordinance, alongside the existing civil enforcement framework. It called for clear legal definitions, safeguards against double jeopardy, and clarification of how civil leniency and whistleblower immunity would apply in cases that could lead to criminal charges.
To discourage substandard work and corrupt tendering in residential building projects, the association proposed changes to building management and construction regulations. These include requiring large-scale projects commissioned by owners’ corporations to use a “two-envelope” tendering process under the Building Management Ordinance. Technical and price proposals would be submitted separately, with price bids kept sealed until the technical proposals meet a specified threshold.
The report also proposed requiring contractors, consultants, authorized persons and registered structural engineers to disclose their safety records and any actual or potential conflicts of interest under the Buildings Ordinance.
It recommended introducing a safety points system that could temporarily bar repeat offenders from undertaking high-value renovation projects. The restrictions could also apply to affiliated companies and senior decision-makers.
On fire safety, the task force suggested amending the Fire Services Ordinance to impose statutory responsibilities on property management companies, as well as property owners, to maintain fire safety installations.
It also proposed expanding the Fire Services Department’s powers to abate fire hazards, requiring prior FSD approval before fire alarm systems are shut down, and introducing mandatory five-year registration renewals for fire service installation contractors and technicians.
HKBA said the studies, reviews and compilation of its report were conducted independently and did not take into account the recently released Independent Committee Report or the government’s preliminary review of the relevant legislation.
It said it was willing to work with the government as it prepares its own legislative amendments to six ordinances in the coming legislative sessions.
