Public Service Commission Launches Investigation into Civil Servants' Individual Responsibilities over Fire Risk Oversight at Wang Fuk Court

Public Service Commission forms Investigation Team to investigate individual responsibilities of civil servants relating to overseeing of fire risks associated with works at Wang Fuk Court

The Public Service Commission (the Commission) has received the referral from the Chief Executive to investigate the alleged deficiencies and failings in the discharge of duties by civil servants relating to the oversight of the fire risks associated with the works at Wang Fuk Court. The Commission has announced the formation of an Investigation Team under Section 5 of the Public Service Commission (Investigation) Regulation (Cap. 93B) (the Investigation Regulation) to conduct the investigation.

Tthe Chairman of the Commission, Ms Maisie Cheng Mei-sze. Photo by Bastille Post

Members of the Investigation Team include the Chairman of the Commission, Ms Maisie Cheng Mei-sze, and two Commission members Mrs Ann Kung Yeung Yun-chi and Mr Adrian Wong Koon-man. The Investigation Team will conduct the investigation in accordance with the terms of reference drawn up by the Chief Executive in the referral. The terms of reference include:

(1) With reference to the deficiencies and failings of the relevant departments (the Independent Checking Unit, Buildings Department, Fire Services Department and Labour Department) in discharging their duties and responsibilities relating to the oversight of the fire risks associated with the works at Wang Fuk Court as pointed out in the report (the Report) submitted by the Independent Committee in relation to the fire at Wang Fuk Court in Tai Po (the Independent Committee), to collect evidence and investigate into the responsibilities of the officers concerned on the individual level, and to inquire whether they had failed their duties and contravened relevant departmental guidelines, the Civil Service Code and civil service administrative regulations.

(2)Based on the evidence and facts collected, to provide advice to the Government for consideration on the disciplinary or administrative action that should be taken in respect of the officers with alleged deficiencies or failings in accordance with the relevant departmental guidelines and/or regulations, the Public Service (Administration) Order, and the Public Service (Disciplinary) Regulation and other relevant regulations.

Wang Fuk Court. Photo source: reference image

Ms Cheng said, "The Investigation Team will lead this investigation and will also directly participate in and supervise the entire investigation process. The other two members of the Investigation Team, Mrs Kung and Mr Wong, have extensive experience in administrative management and public service. Over the years, they have served in various public boards and committees, including various important statutory bodies as well as the Commission. They are well versed with the operation of government departments and the management of the civil service. They also have ample experience in their respective professional fields and in corporate management, particularly in the area of compliance management. I am confident that with their participation, the Investigation Team will be able to conduct this investigation under the principles of being fair, just and impartial."

The Investigation Team has established a Support Office under Section 6(1)(d) of the Investigation Regulation to assist its work. With the arrangements and co-ordination by the Civil Service Bureau, the Government has proactively made early arrangements since August and deployed personnel from different grades to gradually join and take part in the preparatory work. Over the past few weeks, the Support Office personnel have devoted their full efforts to studying the voluminous information which has been made public by the Independent Committee, in order to assist in the work of the Investigation Team in the first instance. With the commencement of work of the Investigation Team today, the Support Office is now formally in operation. It will assist in the work of the Investigation Team, including requesting information from the relevant departments and arranging meetings with relevant civil servants in a professional, rigorous and serious manner.

Wang Fuk Court. Photo source: reference image

Ms Cheng added, "The purpose of this investigation is to look into the deficiencies and failings of individual civil servants in discharging their duties relating to the oversight of the fire risks associated with the works at Wang Fuk Court. We will take the Committee Report and the voluminous information which has been made public earlier as a starting point,uphold the principles of fairness and impartiality in the course ofascertaining the facts as well as sorting out and clarifying the administrative responsibilities of the civil servants concerned, including whether they had failed their duties and contravened relevant departmental guidelines, the Civil Service Code and civil service administrative regulations."

As requested by the Chief Executive, the Investigation Team will complete its investigation within three months.

Earlier today, the Chief Executive announced the activation of the "Administrative Responsibility Two-tier Investigation Mechanism" under the "Heads of Department Accountability System". Under Section 3 of the Investigation Regulation, the Commission is requested to conduct an investigation into the alleged deficiencies and failings of the civil servants concerned in the oversight of the fire risks associated with the works at Wang Fuk Court.

Wang Fuk Court. Photo source: reference image

Fishermen Claims Appeal Board set up to process cases affected by marine works projects in north-eastern waters of Hong Kong

The Government today (November 1) announced the establishment of the Fishermen Claims Appeal Board (FCAB) to process ex-gratia allowance (EGA) appeal cases from owners of fishing vessels not exceeding 15 metres in length affected by marine works projects in the north-eastern waters of Hong Kong.

The FCAB is a non-statutory body set up on an ad hoc basis and comprises one non-official Chairperson and four non-official members. Mr Yeung Ming-tai has been appointed as Chairperson of the FCAB and the members are Mr Au Pak-ching, Dr Chung Shan-shan, Mr Ling Man-sum and Mr Tam Kin-lok. These appointments take immediate effect and their term will last until the completion of work on all appeals.

The Government has established a mechanism to grant EGA to eligible owners of fishing vessels affected by marine works projects. An interdepartmental working group (IWG) within the Government has been set up to handle EGA applications from owners of fishing vessels arising from a total of 25 marine works projects in the north-eastern waters of Hong Kong. The IWG received a total of 861 applications during the registration period. EGA applicants aggrieved by the IWG’s decision regarding the EGA amount approved or their eligibility may lodge an appeal to the FCAB. Three EGA applicants filed appeals against the IWG’s decision, with one appeal against the amount approved and two appeals against their eligibility. These appeals will be heard by the FCAB.

The terms of reference of the FCAB are:

• to hear and consider the appeals against the decisions of the IWG relating to the appellants' eligibility for EGA and/or the amount of EGA granted under the Government's policy on granting EGA to owners of fishing vessels affected by marine works projects; and
• having examined any new or additional information/evidence provided by the appellants (or their representatives) or the relevant departments, the relevance of and the weight to be given to such information/evidence, to consider whether to uphold the IWG’s decisions on the appellants' cases or to revise the decisions, and to determine the amount of EGA payable to the appellants, as appropriate.