
香港保安局局长邓炳强对由他牵头的新联合特别行动小组根治长达数十年的围标问题表示有信心,同时否认改革措施因去年致命的大埔火灾而来得太迟。
Hong Kong’s security chief has expressed confidence that a new joint task force led by him will eradicate the decades-long problem of bid-rigging, while denying that the reforms came too late after the deadly Tai Po fire.
保安局局长邓炳强周五还表示,执法人员将出席被认定围标风险高的业主立案法团会议,以收集一线情报并尽早介入。当局还希望在明年4月前通过新立法,将围标定为刑事罪行。
Secretary for Security Chris Tang Ping-keung also said on Friday that law enforcement officers would attend meetings of owners’ corporations where the risk of bid-rigging was deemed high to gather frontline intelligence and intervene early. Authorities also hope to pass new legislation criminalising bid-rigging by April next year.
针对由法官领衔的独立调查委员会就去年宏福苑火灾发布的严厉报告,邓炳强的特别行动小组将整合警方、廉政公署和竞争事务委员会的情报与执法权力,共同打击围标。
In response to the damning report by a judge-led independent committee investigating the fire at Wang Fuk Court last year, Tang’s task force will combine intelligence and enforcement powers from police, the Independent Commission Against Corruption and the Competition Commission to combat bid-rigging.
邓炳强表示,三个机构的代表将加强关于犯罪集团和案件的情报共享,深化分析以尽早识别可疑案件。
Representatives from the three bodies would strengthen their intelligence sharing about syndicates and cases, enhancing analysis to identify suspicious cases early, Tang said.
他说:“特别行动小组将建立针对围标集团的专门运作机制,加强情报收集与交换、联合执法行动和风险预警,以维护市场公平竞争和保障公众利益。”
“The task force will set up a dedicated operational mechanism targeting bid-rigging syndicates to enhance intelligence gathering and exchange, joint enforcement operations and risk alerts to safeguard fair competition in the market and protect the public interest,” he said.
邓炳强解释说,情报共享将使三个机构能在调查的更早阶段介入,各自提供数据库以提高效率,揭露围标集团背后的主谋。
The intelligence sharing would allow the three agencies to engage at an earlier stage of investigations, with each bringing its own database to increase efficiency and uncover the masterminds behind bid-rigging syndicates, Tang explained.
这位部长说:“政府有决心、有信心、有能力打击围标,这是一种严重损害公众和业主利益的行为。”
“The government is determined, confident and capable of combating bid-rigging, which is an act that seriously hurts the public’s and homeowners’ interests,” the minister said.
邓炳强表示,火灾发生后,政府已完成对调查委员会所谓“遗留不良做法”的全面检讨。
Tang said that following the fire, the government had concluded a comprehensive review of what the panel called a “legacy of poor practice”.
他说:“我们意识到,其中一些公司可能在得知楼宇将进行大型维修时主动接触业主,购买单位成为业主,并派员工加入业主立案法团。”
“We realise some of these companies might reach out to homeowners when they know the buildings are going to undergo major renovations, purchase flats to become owners and send their staff to become owners’ corporation members,” he said.
“有时,承建商和顾问公司的董事是同一批人。有了这个专责小组,我们将更有效地共享情报,打击围标。”他说,拟议的修例、执法协调和前线预防措施将堵塞助长围标和团伙犯罪活动的漏洞。他说:“目标是根除这些不当行为,消除它们存在的机会。”
“Sometimes directors of companies are the same among contractors and consultants. With the task force, we will share intelligence more efficiently and combat bid-rigging.”The proposed legislative amendments, law enforcement coordination and frontline prevention would plug loopholes enabling bid-rigging and the criminal activities of syndicates, he said. “The aim is to eradicate these malpractices and remove the chance for them to exist,” he said.
邓炳强补充说,专责小组将在一年内检讨其成效,并指出政府“每一天”都在研究问题并寻求解决方案。
Tang added that the task force would review its effectiveness in a year, noting that the government worked on problems and sought solutions “every single day”.
当被问及鉴于居民长期以来对围标的投诉,打击围标的努力是否来得太迟时,邓炳强强调,当局一直在这方面开展工作,但专责小组——允许共享情报——将有所帮助。
Asked whether efforts to crack down on bid-rigging came too late given how long residents had complained about it, Tang stressed that authorities had always been working on this front but the task force – which allows intelligence sharing – would help.
对于参与围标的人,他誓言专责小组将把他们绳之以法,并警告说:“你们再也没有机会了。”商务及经济发展局局长丘应桦表示,政府将修订《竞争条例》,将楼宇维修招标中的反竞争行为(包括围标)刑事化。
To those involved in bid-rigging, he vowed that the task force would hunt them down, warning: “You no longer have a chance.”Secretary for Commerce and Economic Development Algernon Yau Ying-wah said the government would amend the Competition Ordinance to criminalise anticompetitive conduct in building maintenance tenders, including bid-rigging.
当局还将把这项新罪行纳入《有组织及严重罪行条例》和《廉政公署条例》,以加强执法机构的权力。
Authorities would also bring the new offence under the Organised and Serious Crimes Ordinance and the Independent Commission Against Corruption Ordinance to strengthen the powers of enforcement agencies.
拟议的修订针对围标、合谋定价、滥用市场优势和限制产量。个人和公司都可能承担刑事责任。
The proposed amendments target bid-rigging, price fixing, market exploitation and output restrictions. Both individuals and companies could be held criminally liable.
拟议的最高刑罚为监禁10年及罚款1000万港元(约合130万美元),或处以违规所得收益的三倍罚款,或按违法行为每一年度公司本地营业额的50%计算罚款。
The proposed maximum penalty is 10 years’ imprisonment and a fine of HK$10 million (US$1.3 million), or alternatively three times the gains derived from the contravention or 50 per cent of a company’s local turnover for each year of the offence.
竞委会行政总裁毕仲明表示,他希望新法例能“很快”在立法会讨论。
Rasul Butt, CEO of the Competition Commission, said he hoped the new legislation would be discussed in the Legislative Council “very soon”.
他说:“就前往立法会寻求批准通过新修订而言,目前的目标是明年4月。”
“In terms of going to Legco to seek approval to pass the new amendments, the aim right now is April next year,” he said.