The Hong Kong Bar Association has formed a task force following last month's deadly Tai Po fire, proposing targeted legislation to criminalize bid-rigging and make key construction safety guidelines legally binding. The blaze was the city's deadliest in seven decades, and bid-rigging is currently treated as serious anti-competitive conduct under the Competition Ordinance, punishable only by fines.
The Hong Kong Bar Association, led by chairman Jose-Antonio Maurellet, plans to propose targeted legislation to criminalize bid-rigging in response to the city's recent deadly fire. This follows the formation of a task force to review existing laws after the Tai Po blaze last month, which was Hong Kong's deadliest in seven decades.
Currently, bid-rigging is classified as 'serious anti-competitive conduct' under the Competition Ordinance and is punishable only by fines, not criminal penalties. "[Bid-rigging] is not in itself a criminal activity and therefore the punishment and the deterrence level may not be sufficient," Maurellet told the Post.
He added: "When we look at what has happened recently, then you realise that bid-rigging is not just sometimes about paying an extra five dollars or having a slightly less quality product. It can actually cost your life. It can actually harm you and harm your property."
Maurellet acknowledged the challenges in proving agreements among parties in bid-rigging cases but argued that specific legislation could help deter such practices. The association also intends to push for key construction safety guidelines, such as the Code of Practice for Fire Safety in Buildings and the Code of Practice for Bamboo Scaffolding Safety, to become legally binding, aiming to enhance industry standards and prevent future tragedies.
