The Bar Association on Sunday said it supports the criminalisation of bid-rigging activities through amendments to the Competition Ordinance. This came as its task force on law review proposed about 50 legislative amendments following the deadly Wang Fuk Court fire. It covered bid-rigging, tender specifications, declaration of interests, as well as project safety and risks. Jose-Antonio Maurellet, chairman of the association, expressed support of criminalising bid-rigging in parallel to the existing civil regime. “The existence of the dual-track system, of course, does not mean that civil and criminal proceedings would be taken forward at the same time for the same case – this would contravene the principle against double jeopardy,” he said. “The enforcement authorities concerned will therefore need to coordinate with one another and to decide whether a case is to be dealt with by civil enforcement or by criminal prosecution.” He went on to say that under the new criminal offence, the elements of crime, such as the definition of bid-rigging and the burden of proof, must be clearly defined. The association also proposed to amend the Building Management Ordinance, saying if a project exceeds a certain value, tenders must be submitted in “two envelopes” – one for the technical proposal and the...
Read full articleA potential lame-duck phase may not deter US President Donald Trump from pursuing more “transactional” or “risky” foreign policy moves after the midterm elections, Chinese experts warn, while casting doubt on expectations of a powerful Democratic wave. Amid a season of high-stakes contests that could reshape global politics, the US vote on Tuesday stands out. The election, which will determine who takes control of the US Congress, could result in Trump and his fellow Republicans no longer...
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Chinese President Xi Jinping has mounted a direct defence of the campaign for strong Communist Party governance and internal discipline, describing them as a “fundamental guarantee” for China’s rise and warning against any easing of scrutiny, according to state media. Xi took the floor as the party’s 20th Central Committee closed its fifth plenum on Thursday, to directly address the scepticism over the sweeping campaign, state news agency Xinhua reported on Sunday. According to “side notes”...
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