Bar Association backs criminalising bid-rigging

On Sunday, the Bar Association endorsed the proposal to make bid-rigging a criminal offense, as outlined in amendments to the Competition Ordinance. This recommendation emerged from the association's task force on law review, which proposed around 50 legislative changes following the tragic Wang Fuk Court fire. The changes encompassed bid-rigging, tender specifications, declaration of interests, project safety, and risks.

Jose-Antonio Maurellet, chairman of the Bar Association, expressed his backing for criminalizing bid-rigging alongside the existing civil framework. He clarified that the dual-track system, where both civil and criminal proceedings could be pursued simultaneously, would violate the principle against double jeopardy. Therefore, enforcement authorities would need to collaborate and determine whether a case should be handled through civil enforcement or criminal prosecution.

To ensure clarity in the new criminal offense, Maurellet stated that the definition of bid-rigging, the burden of proof, and other elements of the crime must be clearly defined. Additionally, the Bar Association proposed amending the Building Management Ordinance. Under this amendment, projects exceeding a certain value would require tenders to be submitted in two envelopes - one containing the technical proposal and the other containing the price.

The price proposal could only be opened after the technical proposal had achieved a minimum score as specified in the evaluation process. This requirement aims to prioritize quality over price in the bidding process.