Hong Kong – Development Bureau imposes regulating actions on contractor and subcontractor involved in fatal industrial incident

     A spokesman for the Development Bureau (DEVB) said today (October 11) that the Government attached great importance to construction safety. In response to the fatal industrial incident at a construction site at To Wah Road, Kowloon yesterday (October 10), the DEVB, being the party to procure services for public works, imposed regulating actions on the contractor and subcontractor involved pursuant to the regulating regime.
 
     The spokesman said that the contractor concerned is on the List of Approved Contractors for Public Works and the List of Approved Suppliers of Materials and Specialist Contractors for Public Works (the Lists), while the sub-contractor is on the latter. 
 
     The contractor concerned, which was involved in a tower crane accident occurred at a construction site on Anderson Road in Sau Mau Ping last year, has been suspended from tendering for public works contracts in all categories until December 31, 2023. In response to the fatal industrial incident occurred yesterday, the DEVB is now initiating further regulating action on the contactor pursuant to the regulating regime and has served a notice to the contactor, specifying that the contractor’s eligibility for tendering for public works contracts in all categories will be further suspended until December 31, 2024.
 
     The DEVB also suspended today the subcontractor concerned from tendering for public works contracts in all categories for three months pursuant to the regulating regime. The subcontractor has to conduct an independent safety audit to review its safety management system. Taking cognisance of the outcome of the independent safety audit, the subcontractor is required to submit an improvement action plan and implement improvement measures, with a view to demonstrating that it has an effective safety management system before uplifting of the suspension from tendering can be considered. 
 
     Relevant government department is investigating this industrial incident and will handle it in accordance with the law. Subject to the investigation findings, the DEVB, being the procurement party, will impose further regulating actions on the contractor and subcontractor concerned later on, including extension of the period of suspension from tendering for public works contracts and even removal from the Lists.
 
     Regarding the tower crane accident that occurred at a construction site on Anderson Road in Sau Mau Ping in September 2022, the Labour Department and the Buildings Department have completed investigations and initiated prosecution against the relevant duty holders (including the above-mentioned contractor). The police is also actively conducting in-depth investigations into the case.