Bar Association sees 7-year prison sentence fit for serious anti-competitive behaviours
發佈日期: 2026-05-10 20:16
TVB News
Chairman of the Hong Kong Bar Association says the government should amend the Competition Ordinance to include prison sentencing as a penalty. Jose Maurellet suggests it as a measure for clamping down anti-competitive practices, including bid-rigging, in the city.
The government has announced an acquisition plan for Wang Fuk Court households and asked residents to confirm selling their titles no later than June 30th. For those who refuse to sell, authorities might adopt legislative means to acquire the units.
Speaking on a TVB programme, the Hong Kong Bar Association's chairman, Jose Maurellet, said such a compulsory acquisition wouldn't contravene protection of property rights under the Basic Law if two provisions were fulfilled.
JOSE MAURELLET, Chairman, Hong Kong Bar Association: "The idea behind it in terms of the constitution of protection is if there is to be acquisition then real market value has to be provided. Then you have to have a mechanism, which is fair and reasonable, having regard to the value of the property and other factors. Of course, we understand that because we are talking about a property where many people, where many families have many memories and lived there for a long time,
there are other considerations."
Separately, the series of public hearings on the Tai Po fire has unveiled evidence that suggests bid-rigging is not a new issue in the local construction industry. Maurellet advices the government to introduce a maximum prison sentencing of seven years to offenders of bid-rigging and its various forms.
A quicker possibility maybe to consider amending the competition ordinance so that instead of just having civil remedies, which the maximum now is a fine, is to actually introduce and amend section 91 of the ordinance. If individuals participate, then one of the possibilities is in addition to the civil roots that the Competition Commission could also go into the criminal roots and ensure prison sentences could be granted.
The senior counsel said other countries had implemented a similar penalty for serious anti-competitive behaviours, including five years imprisonment in the UK and 14 years in Canada.
