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In response to media enquiries on the application by Fai Wong Construction (Asia) Limited (Fai Wong) for restoration as a Registered General Building Contractor (RGBC), a spokesperson for the Buildings Department (BD) today (April 5) gave the following reply:
Regarding the application for restoration as an RGBC made by Fai Wong, arrangements were made for the two Authorized Signatories of Fai Wong to be interviewed and assessed again by the Contractors Registration Committee (CRC) in end-March. As the two Authorized Signatories failed in the interview, the contractor's application was refused.
The BD today issued a letter to Fai Wong, notifying the contractor of the interview and application result. Under section 9A and 13A of the Buildings Ordinance (BO), a person who is aggrieved by a decision of a Registration Committee or dissatisfied with a decision of the Building Authority, may appeal to a judge of the Court of First Instance.
The BD reiterated that the contractor has the responsibility to make appropriate handover arrangements for its uncompleted building or repair works. Owners/management companies may negotiate with the contractor for alternative proposals after taking the relevant contract terms into account. They may consider the feasibility of having another qualified registered contractor to finish the rest of the works in accordance with the BO. Owners/management companies may also consult relevant building professionals or consultants on the issue.
Fai Wong's registration as an RGBC originally expired on February 28, 2016. The contractor submitted its registration renewal application within the period stipulated by Section 8C(2)(c) of the BO. As Fai Wong had been recently convicted of a number of labour safety offences, the contractor's application was required to be submitted to the CRC for interview and assessment.
As the two Authorized Signatories of Fai Wong failed in the CRC's interview held in end-January, the contractor's registration renewal application was refused. The BD then issued a letter to Fai Wong on March 3, 2016, notifying the contractor of the interview results and the refusal of its application. The BD also informed the contractor that its name would be removed from the register on March 17, 2016, pursuant to sections 8C(3) and 8C(6) of the BO. The BD reminded Fai Wong that it must cease all building works that required a General Building Contractor under the BO from March 17, 2016. The contractor should also notify the related parties of any consequential arrangements on-site for compliance with the BO.
Fai Wong then applied for restoration as an RGBC and the BD subsequently arranged for the contractor to be interviewed and assessed again in end-March by the CRC comprising members who were different from those in end-January.
The composition of members of the CRC is as follows:
* one person nominated by the Architects Registration Board;
* one person nominated by the Engineers Registration Board;
* one person nominated by the Surveyors Registration Board;
* five persons nominated by contractor associations; and
* a representative of the Building Authority.
Ends/Tuesday, April 5, 2016
Issued at HKT 17:01
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