Proposed Criminalization of Bid-Rigging within the Hong Kong Competition Ordinance
建議將圍標行為納入《競爭條例》並刑事化
Introduction
The Competition Commission is evaluating legislative amendments to transition bid-rigging from a civil violation to a criminal offense.
競爭事務委員會正評估修訂法例，旨在將圍標從民事違規轉變為刑事罪行。
Main Body
The impetus for this regulatory shift is linked to systemic irregularities in residential maintenance procurement. Specifically, a fatal conflagration at Wang Fuk Court in November, resulting in 168 casualties, highlighted suspected graft and collusive tendering. This event coincided with data provided by Secretary for Development Bernadette Linn, who noted that the Independent Commission Against Corruption received 24 complaints regarding building maintenance bid-rigging in 2025, a figure representing a twofold increase relative to 2021 statistics.
此次監管轉向與住宅維修採購中的系統性違規有關。特別是 11 月旺福苑發生導致 168 人傷亡的致命火災，揭露了涉嫌貪污與圍標的情況。此事件與發展局局長林婉儀提供的數據一致，她指出廉政公署（ICAC）在 2025 年收到 24 宗關於大廈維修圍標的投訴，較 2021 年的數據增加了一倍。
Institutional limitations currently necessitate that the Competition Commission transfer cases involving organized crime elements—specifically triads—to law enforcement agencies, as the 2012 Ordinance restricts the body to the imposition of financial penalties. To rectify this, Chairperson Jat Sew-tong has proposed a maximum custodial sentence of seven years. Furthermore, the administration is considering the implementation of statutory declarations within 'non-collusion' clauses for large-scale tenders; should a declarant provide false information, such an act would independently trigger criminal liability.
目前的制度限制使得競爭事務委員會在處理涉及有組織犯罪（特別是三合會）的個案時，必須移交給執法部門，因為 2012 年的條例限制該機構僅能處以罰款。為糾正此問題，主席葉秀棠建議最高可判處七年監禁。此外，政府正考慮在大型招標的「非共謀」條款中實施法定聲明；若聲明人提供虛假資訊，該行為將獨立觸發刑事責任。
Consultations regarding these modifications have been conducted with Chief Executive John Lee and the Hong Kong Bar Association. In a parallel effort to increase institutional transparency, the Commission will permit public attendance at selected meetings commencing in July.
有關這些修改的諮詢已與行政長官李家超及香港大律師公會進行。為了提高制度透明度，委員會將於 7 月起允許公眾出席部分會議。
Conclusion
The Commission intends to table these amendments by the end of the current legislative year to enhance deterrence against collusive tendering.
委員會打算在本立法年度結束前提交這些修訂，以加強對圍標行為的威懾力。
Vocabulary Learning
The Architecture of Legal & Institutional Nominalization
To ascend from B2 to C2, a learner must move beyond describing actions and begin constructing states. The provided text is a masterclass in Nominalization—the process of turning verbs (actions) and adjectives (qualities) into nouns to create a tone of objective, institutional authority.
🔍 The C2 Pivot: From Event to Concept
Observe the transformation of these concepts within the text:
- Action (B2/C1): The building caught fire and killed people. Nominalized (C2): "A fatal conflagration... resulting in 168 casualties."
- Action (B2/C1): The Commission wants to change the law to stop people from rigging bids. Nominalized (C2): "The impetus for this regulatory shift... to enhance deterrence against collusive tendering."
⚖️ The 'Institutional Weight' Mechanism
At the C2 level, nominalization isn't just about 'big words'; it is about density. By using nouns as the primary drivers of a sentence, the writer removes the agent (the person doing the thing) to focus on the phenomenon.
Analysis of "Institutional limitations currently necessitate..."
Instead of saying "The Commission cannot do X because the law is limited," the author uses Institutional limitations as the subject. This transforms a complaint into a structural fact. This is the hallmark of high-level academic and legal English: Depersonalization.
🛠️ Linguistic Precision: The 'Lexical Bridge'
Note the use of highly specific, low-frequency nouns that carry immense semantic weight:
- Impetus: Not just 'reason,' but the driving force behind a movement.
- Custodial sentence: A precise legal term replacing the generic 'prison time.'
- Statutory declarations: A formal noun phrase that encapsulates an entire legal process of swearing an oath.
C2 Takeaway: To write with this level of sophistication, stop asking "Who is doing what?" and start asking "What is the overarching phenomenon?" Convert your verbs into nouns to shift the focus from the actor to the system.