The Competition Commission told the Independent Committee probing into the deadly Wang Fuk Court breaking out in November that there might be two or more bid-rigging groups involved in the estate’s building maintenance tender process, with further prosecutions possible.
The commission’s representative Lester Lee, its legal services executive director, made the statement at the committee’s fourth evidential hearing on Thursday, one day after the commission’s filing at the Competition Tribunal against an alleged bid-rigging syndicate involving multiple building maintenance contracts totalling HK$700 million.
Addressing the current stage of proceedings, Lee emphasized that the case remains at the prosecution phase. “The respondents have yet to present their defense. We shall wait and see.”
He added that should the commission’s allegations be proved, it would mark the first successful prosecution of a bid-rigging group under the Competition Ordinance in Hong Kong.
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The two main companies related to the Wang Fuk Court maintenance works, Prestige Construction and Engineering Co Ltd and Will Power Architects Company Limited, have not been included in the current charges due to the ongoing investigation.
“However, we do not rule out the possibility of two or more bid-rigging groups involved, nor do we rule out further prosecutions,” he said.
Lee also warned that bid-rigging carries risks beyond fines, including potential criminal liability for false representation or conspiracy to defraud.
“The previous mindset was that bid-rigging would only result in a fine,” the lawyer said. “That thinking no longer applies. The rules of the game have changed.” he said.
