The independent committee in relation to the fire at Wang Fuk Court in Tai Po said today that it has decided against recommending to the Chief Executive that it become a statutory commission of inquiry.
The committee’s Chairman, Justice David Lok, told an evidential hearing that after careful consideration of various factors, the committee believes it should continue its work in its current form.
He stressed that determining the approach to take is a strategic decision.
“The independent committee must weigh the pros and cons of various options with the legal principles and the overall public interest in mind,” he said. “In making this decision, the independent committee has thoroughly considered five factors.”
The first of these is that the committee has to date received a substantial amount of information, including more than one million files, from different parties. This includes comprehensive information on the roles and responsibilities of different parties in relation to the fire and related matters, in addition to whether there are systemic problems in the tendering process for large-scale building maintenance and renovation works. The committee is confident that it can identify what happened and why it happened, and analyse and draw conclusions on the matters set out in its terms of reference.
The committee considers that even if it were to turn into a statutory commission of inquiry, it would be unlikely that the conversion would bring any distinct material help in further clarifying the facts.
The second factor is the longer time that an investigation of a statutory commission of inquiry would require as a legal procedure. Mr Lok explained that the legal procedure for a statutory commission of inquiry had certain complexities and was comparatively less flexible.
When the Government established the independent committee, he said, it set a target for it to complete its work within nine months of commencing operation. There was a need for the committee to complete its work and submit its report in an efficient manner, so as not to affect the speed of calling those responsible to account and of implementing reforms.
The third factor is that turning the independent committee into a statutory commission of inquiry might affect other legal proceedings, including ongoing or subsequent criminal and civil proceedings.
Mr Lok’s fourth factor is that, compared with a statutory commission of inquiry – which must proceed in accordance with arrangements applicable to other legal proceedings – the current modus operandi offers greater flexibility.
The independent committee has more room and can be more lenient with regard to the evidence-giving process and media coverage of the hearings, he said. Outside of the hearings, it can allow witnesses or residents to respond to and comment on evidence, on who should be held responsible, and on whether certain procedures and practices are appropriate.
The fifth factor, said Mr Lok, is whether the possibility of bid-rigging and irregularities in large-scale maintenance and renovation works at Wang Fuk Court should be investigated by means of a statutory commission of inquiry. The independent committee considered that this should be followed up by the law enforcement agencies.
Mr Lok stressed: “The work of the independent committee must base on facts and evidence. The independent committee may need to make some difficult decisions. But, we can assure the public that all decisions made by this judge-led independent committee are grounded in legal principles and the public interest. Political and public relations considerations play no part in the independent committee’s deliberations.”
The committee formally commenced its work on December 19 and the evidential hearings commenced on March 19. Four rounds of 24 hearings have been held, and the fifth round is under way.
