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Government Enhances Procurement Due Diligence to Address Past Errors, Expands Audit Team Role

HK

Government Enhances Procurement Due Diligence to Address Past Errors, Expands Audit Team Role
HK

HK

Government Enhances Procurement Due Diligence to Address Past Errors, Expands Audit Team Role

2025-10-20 17:58 Last Updated At:19:23

SFST speaks on quick-win measures proposed by Task Force on Review of Government Procurement Regime (with video)

Following are the remarks by the Secretary for Financial Services and the Treasury, Mr Christopher Hui, on quick-win measures proposed by the Task Force on Review of Government Procurement Regime today (October 20):

Reporter: We would like to ask if the Government would consider mobilising the senior civil servants accountability mechanism if human error was identified among such kind of civil servants. And would you elaborate a little bit on the role of the new Procurement Management Audit Section (Procurement and Stores Management Audit Section) of the GLD (Government Logistics Department) compared to its previous roles? Thank you.

Secretary for Financial Services and the Treasury: I'll address the second part of your question first. Basically, if you look at the current setup or the role of the GLD's audit team, it's more about the goods, also inspection of goods and services being available, and at the same time to ensure compliance with the relevant government regulations in the procurement process. But as I said at the outset, one of the key elements that we've identified in this current exercise is that the importance of due diligence is something we need to pay more attention to. That's why, in line with this discovery and also in line with this revelation, the scope of work of this audit team was expanded to cover and to ensure that the due diligence work of our colleagues is being well taken care of in the process of their procurement efforts. And that's why, to couple with that, we also have clear guidelines being set out in such a way that they know what to do. The audit team will, on a random checking basis, identify those high-risk areas and also high-risk items, and look at those items to ensure that proper due diligence is being looked into. This is the response to your second question.

For the first question about the interface of this investigation with the accountability system set out in the Policy Address: As you may appreciate, the accountability system set out in the Policy Address needs certain legislative amendments to be effective. This is something to be done by our Civil Service Bureau. So this current exercise is undertaken in the context of the current regime with no regard to the future regime because that future regime is yet to be effective.

Reporter: Firstly, what was the issue with the past due diligence checks and what way can the Government rectify the problem, if you could elaborate more. And secondly, on the disciplinary investigation, how many people are subject to this investigation? Why is Ms Lau the right person to be in charge? Did the Government consider having a retired judge to head the probe? Could the internal disciplinary investigation eventually lead to any criminal proceedings? Thank you.

Secretary for Financial Services and the Treasury: If you look at how the current procurement is being done, as I said earlier and also responded to some of the questions asked, basically we very much relied on submissions or documents being presented to us. But in this fast-changing world, in light of the fact that fraud can take different forms, I think we need to take a more proactive approach in terms of enhancing our due diligence capabilities. That's why, throughout these interim measures I just introduced, which are being implemented, one of the key areas that we look into is how we can enhance that area. Like, for example, we already issued guidelines to make sure that our colleagues on the procurement side are here to do due diligence work, including not just the paper exercise, but also checking of information online. And also, at the same time, if there's a need, they could do on-site inspection to really look into the information being available to them, to see if they are genuine or not. At the same time, there will also be provisions being given to them to allow third-party checking of the information that they're given, so they don't really have to rely solely on the source of information to verify the information but rather they can resort to third-party checking to ensure that information that they are given is genuine. So what we are trying to do is to ensure first of all, our colleagues are being empowered with the right tools and means to enhance their due diligence work. At the same time, in terms of mindset, they have the ability and also have the willingness to exercise those rights and powers. That's exactly one of the key areas that we emphasise.

In terms of your second question about the scope of work of the investigation, as I said and also as Alice (Administrative Officer Staff Grade A1 Ms Alice Lau) just mentioned, taking into account the scope of the current work, it will include around more than 10 of our GLD and also our FSTB (Financial Services and the Treasury Bureau) colleagues. At the same time, regardless of whether they are retired or not, they are also subject to the investigation. For those that involved criminality, these will be taken care of by our law enforcement agencies. This is not something that we are looking into. But rather, as said by Alice, we will look into potential disciplinary and also management issues and deal with them head-on in light of the current regime.

(Please also refer to the Chinese portion of the remarks.)

Source: AI-found images

Source: AI-found images

Seven persons arrested during anti-illegal worker operation

The Immigration Department (ImmD) mounted an anti-illegal worker operation codenamed "Contribute" today (January 15).During the operation, ImmD Task Force officers raided premises under renovation in a newly built public housing estate in Sheung Shui district.A total of six suspected illegal workers and one suspected employer were arrested. Thearrested suspected illegal workers comprise six men, aged 22 to 41. Furthermore, one man, aged 45, suspected of employing the illegal workers, was also arrested. An investigation into the suspected employers is ongoing, and the possibility of further arrests is not ruled out.

Apart from mounting the enforcement operation, ImmD officers and a promotional vehicle have been deployed to distribute "Don't Employ Illegal Workers" leaflets and convey the message in the estate.

An ImmD spokesman said, "Any person who contravenes a condition of stay in force in respect of him or her shall be guilty of an offence. Also, visitors are not allowed to take employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years' imprisonment. Aiders and abettors are also liable to prosecution and penalties."

The spokesman stressed that it is a serious offence to employ people who are not lawfully employable. Under the Immigration Ordinance, the maximum penalty for an employer employing a person who is not lawfully employable, i.e. an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land, has been significantly increased from a fine of $350,000 and three years' imprisonment to a fine of $500,000 and 10 years' imprisonment to reflect the gravity of such offences. The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence.

According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee's identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker's valid travel document if the job seeker does not have a Hong Kong permanent identity card. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year. In that connection, the spokesman would like to remind all employers not to defy the law by employing illegal workers. The ImmD will continue to take resolute enforcement action to combat such offences.

Under the existing mechanism, the ImmD will, as a standard procedure, conduct an initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation with a view to ascertaining whether they are trafficking in persons (TIP) and/or forced labour victims. When any TIP and/or forced labour indicator is revealed in the initial screening, the ImmD officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP and/or forced labour elements. Identified TIP and/or forced labour victims will be provided with various forms of support and assistance, including urgent intervention, medical services, counselling, shelter or temporary accommodation and other supporting services. The ImmD calls on TIP and/or forced labour victims to report crimes to the relevant departments immediately.

For reporting illegal employment activities, please call the dedicated hotline 3861 5000, by fax at 2824 1166, email to anti_crime@immd.gov.hk, or submit "Online Reporting of Immigration Offences" form at www.immd.gov.hk.

Seven persons arrested during anti-illegal worker operation  Source: HKSAR Government Press Releases

Seven persons arrested during anti-illegal worker operation Source: HKSAR Government Press Releases

Seven persons arrested during anti-illegal worker operation  Source: HKSAR Government Press Releases

Seven persons arrested during anti-illegal worker operation Source: HKSAR Government Press Releases

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