30th October 2026 – (Hong Kong) Citing the Independent Committee’s report into the Wang Fuk Court fire in Tai Po, the Security Bureau and the Commerce and Economic Development Bureau, together with the Hong Kong Police Force, the Independent Commission Against Corruption and the Competition Commission, announced plans to criminalise bid‑rigging in building maintenance and renovation projects and to introduce enhanced countermeasures. The report concluded that collusion in major maintenance and renovation works is a serious problem, with individuals linked to triad groups manipulating tenders and engaging in corruption through collusion with consultants, professionals and contractors. Following a comprehensive review of legislation, enforcement mechanisms and departmental responsibilities, the Government set out a three‑pronged strategy of legislative amendments, law‑enforcement coordination and frontline prevention to combat bid‑rigging and related criminal activity across the sector.
Under the proposals, the Competition Ordinance would be amended to create a targeted criminal offence covering four forms of serious anti‑competitive conduct in connection with building maintenance and renovation tenders: bid‑rigging, price‑fixing, market sharing and output restrictions. Criminal liability would apply to individuals and undertakings, and the scope would extend beyond works contractors to preparatory stages such as engaging consultants, in order to tackle collusion comprehensively throughout the procurement lifecycle. The Government intends to bring the new offence within the ambit of the Organized and Serious Crimes Ordinance and the Independent Commission Against Corruption Ordinance to strengthen investigative powers and ensure coordinated case handling by the Police, the ICAC and the Competition Commission, which will continue to pursue civil actions in parallel where appropriate.
To reinforce deterrence, the proposed criminal offence would carry a maximum penalty of 10 years’ imprisonment and a fine set at the highest of HK$10 million, three times the total commercial gains from the contravention, or 50 per cent of the undertaking’s local turnover for each year in which the contravention occurred. In tandem, the civil regime under the Competition Ordinance would be strengthened beyond the building‑maintenance context. The proposed changes include increasing the cap on pecuniary penalties to the highest of HK$8 million, twice the commercial gains, or 30 per cent of local turnover for each year of contravention up to three years; extending the maximum duration of director disqualification orders from five years to 15 years; lengthening the statutory limitation period for applications to the Competition Tribunal from five years to 10 years; and confirming that the balance‑of‑probabilities standard applies to civil proceedings for penalties while introducing a statutory presumption that links concerted practices to subsequent market conduct to improve enforcement effectiveness.
By designating the new offence as a specified offence under the Organized and Serious Crimes Ordinance, law‑enforcement agencies would be able to deploy four distinctive powers against bid‑rigging syndicates. First, they could seek witness orders from the Court of First Instance requiring relevant persons to answer questions or furnish information, with non‑compliance or materially false statements constituting offences punishable by up to three years’ imprisonment and a HK$500,000 fine. Second, they could apply for production orders compelling specified persons or bodies to provide information or permit access to material within a set period, with non‑compliance carrying up to one year’s imprisonment and a HK$100,000 fine. Third, prosecutors could apply for enhanced sentences to reflect case seriousness, community harm and offence prevalence, up to the statutory maximum. Fourth, courts could impose confiscation orders over crime proceeds, extending to all realisable property including real estate, securities and vehicles, ensuring offenders do not benefit from unlawful gains.
The proposals also emphasise obligations under the Organized and Serious Crimes Ordinance for any person who knows or suspects that property represents crime proceeds to disclose that knowledge or suspicion to an authorised officer without delay. Once the new offence is enacted, funds linked to bid‑rigging would fall within this disclosure regime, enabling interception of suspicious capital flows and preventing criminals from concealing or transferring illicit proceeds through the financial system.
To intensify enforcement coordination, the Chief Executive has tasked the Secretary for Security with establishing an interdepartmental task force focused on bid‑rigging in building maintenance and renovation. The task force will comprise senior representatives from the Police, the ICAC and the Competition Commission, including the Deputy Commissioner of Police (Operations), the Head of Operations of the ICAC, the Chief Executive Officer of the Competition Commission and the Chief Superintendent of the Organized Crime and Triad Bureau. It will develop a dedicated operational mechanism to enhance intelligence collection and sharing, coordinate joint operations and issue risk alerts, with dedicated teams assessing syndicate threats, planning actions and overseeing execution to improve efficiency and impact.
The enforcement model will advance along three tracks: intelligence sharing to detect high‑risk syndicates and cases at an early stage; coordinated joint operations leveraging each agency’s statutory tools; and prevention, including attendance at owners’ corporation meetings under the Home Affairs Department’s coordination to monitor suspicious activity and gather frontline intelligence. The Government underscored that it will spare no effort in pursuing legislative amendments and sustained joint operations, warning that those who engage in or facilitate bid‑rigging face arrest, prosecution, imprisonment and the forfeiture of illicit gains.
