A task force on last year’s deadly Tai Po fire under the professional body for Hong Kong barristers has backed a move to criminalise bid-rigging and proposed 50 legal reforms, including a strengthened tendering mechanism designed to bar colluding cartels from bidding for projects.

Chair of the Hong Kong Bar Association José-Antonio Maurellet holding copies of the task force’s report, on November 1, 2026. Photo: HKBA.

The Hong Kong Bar Association’s Tai Po Fire Taskforce on Law Review said at a Sunday press conference that it had recommended about 50 legislative amendments across six existing ordinances, in areas including bid-rigging, tender specifications, declaration of interests, and project safety and risks.

The association’s report, spanning some 140 pages, came days after an independent probe committee issued its final report on the Wang Fuk Court blaze, which prompted a press conference where the city’s leader led top officials to bow in apology for the tragedy.

The Tai Po fire broke out on November 26 last year, engulfing seven buildings in the government-subsidised Wang Fuk Court housing estate during large-scale renovation works. The blaze killed 168 people and displaced over 4,600 residents.

In its report, the legal body’s task force backed the government’s move to criminalise bid-rigging under Hong Kong law, saying that legislation should clearly define the elements of the crime, the burden of proof, and criminal intent.

A tender analysis report signed off by Will Power director Wilson Ng in August 2023. Photo: Kyle Lam/HKFP.

“The new criminal offence should adopt an intention-based standard rather than negligence, constructive knowledge or strict liability,” the report says.

Two envelopes

The professional body also recommended an amendment to the Building Management Ordinance to require a “two-envelope” tendering system designed to weed out unscrupulous bidders.

Bidders would be required by law to separately submit a technical proposal and a price proposal for a tender application. The price “envelope” could only be opened if the technical specification was awarded a minimum score.

A two-envelope tendering system would allow a bid to be evaluated objectively on its quality, independent of its price. “The tendency in Hong Kong to focus on the lowest cost brings with it significant risks with respect to quality and safety considerations,” the association said.

The association also suggested amending the ordinance to require tenderers, including consultants, to disclose their safety records, with those falling below a set standard being barred from consideration.

See also: How deadly Tai Po fire brings to light bid-rigging epidemic in Hong Kong renovation industry

Renovation works at Wang Fuk Court went ahead after a tender analysis report falsely claimed that contractor Prestige Construction & Engineering had not faced prosecution over the previous eight years, when in fact it had been convicted 24 times between 2017 and 2023 for occupational safety violations.

Wang Fuk Court. Photo: Kyle Lam/HKFP.

The barristers recommended establishing a safety points system, under which a contractor that exceeds a limit of safety convictions would be barred from bidding for projects.

The register for the safety records must be “public, searchable, and must extend to related companies and controlling minds, so a barred contractor or consultant cannot re-emerge under a new corporate vehicle,” it said.

New thresholds

Amendments are needed to define new thresholds for projects to be considered “prescribed high-risk building works,” the association said.

It recommended designating a project as high-risk when its value exceeds HK$8 million, if more than a quarter of the flats in any block are potentially affected, or if more than a quarter of the external wall area is affected.

At a public hearing earlier this year, a government surveyor said the renovation project at Wang Fuk Court should have been considered high-risk, as it involved work on the entire outer wall of each building.

Some of the tender documents and contracts for the Wang Fuk Court renovation project. Photo: Kyle Lam/HKFP.

However, because it was classified as a minor works project, it did not warrant regular inspections.

“In order to be cost effective and proportionate, the current regulatory regime distinguishes between major and minor works. However, the regime currently classifies works as minor works by the nature of individual items of work to be carried out, and not by the cumulative risk of the project,” the association said.

“This methodology poses a significant risk. It means that the less onerous minor works statutory requirements can apply even when, on a more realistic risk assessment, the risk may be the same or even greater than the risk on a major works project.”