Bar Association backs criminalising bid-rigging

The Bar Association expressed support on Sunday for introducing criminal penalties for bid-rigging activities through changes to the Competition Ordinance. This proposal is part of a broader set of legislative amendments the task force has suggested following a tragic incident involving the Wang Fuk Court fire. The association highlighted various aspects where reforms are needed, including bid-rigging, tender specifications, disclosure of interests, and project safety concerns.

Jose-Antonio Maurellet, the association's chairman, backed the idea of a dual-track system where both civil and criminal actions could be pursued separately, without violating the principle of double jeopardy. He emphasized the necessity to clearly define the elements of bid-rigging and the burden of proof under the proposed criminal offence.

Additionally, the association recommended amending the Building Management Ordinance, suggesting that for projects exceeding a certain value, tenders should be submitted in two separate envelopes – one containing the technical proposal and the other the price. The price proposal would only be revealed after the technical proposal achieves a minimum scoring criterion set by the evaluation process, aiming to prioritize quality over cost in the bidding process.