Building Works Contractors

(1)    Technical Competence

• The company must be a Registered General Building Contractor (RGBC) or a relevant Registered Minor Works Contractor (RMWC) ¹ (Class I) under the Buildings Ordinance
• The authorised signatory must be either a Key Personnel² or a Designated Employee³ of the company
• Past project experience must meet one of the following requirements:
  1. Within the past five years, the company, as a RGBC or a relevant RMWC (Class I), has completed:
     • at least three (a) prescribed repair works projects involving the common areas of a building under Mandatory Building Inspection Scheme (MBIS); or (b) at least three alteration and addition (A&A) works projects involving the common areas of a building with a building plan approved by the Buildings Department; or at least three projects falling under both (a) and (b) above; or
     • one building maintenance project not covered by MBIS (such as school or hospital projects), with a works contract value of not less than HK$2 million and involving the common areas of a building; or
     • one new building project; or
  2. Within the past five years, a Key Personnel² or a Designated Employee³ of the company has, in the capacity of an authorised signatory of a RGBC or a relevant RMWC (Class I), completed:
     • at least three (a) prescribed repair works projects involving the common areas of a building under MBIS; or (b) at least three A&A works projects involving the common areas of a building with a building plan approved by the Buildings Department; or at least three projects falling under both (a) and (b) above; or
     • one building maintenance project not covered by MBIS (such as school or hospital projects), with a works contract value of not less than HK$2 million and involving the common areas of a building; or
     • one new building project; or
  3. The company is listed in any group under the “Buildings” category of the Development Bureau’s “Lists of Public Works Contractors”

• The company has obtained (or has committed to obtaining within 12 months after submitting the application) ISO 9001 quality management system certification⁴

   

(2)    Integrity

• The company and its Key Personnel⁵, Designated Employees³ and Significant Controllers⁶ must meet the integrity requirements, including but not limited to the following:
  1. The company and the related personnel have not been convicted of integrity-related offences⁷ in the past three years;
  2. The company and the related personnel are not currently being prosecuted⁸ for integrity-related offences;
  3. Have passed background checks conducted by the Police and the Independent Commission Against Corruption; and
  4. The company has joined (or has committed to joining within 12 months after submitting the application) the Construction Industry Integrity Charter 2.0⁹.

(3)    Financial Capacity

• The company is not currently in bankruptcy or liquidation, nor facing bankruptcy or liquidation proceedings
• Working capital and employed capital must each be at least HK$200,000¹⁰

(4)    Past Performance

• Within the past year, the company and its Key Personnel² and Designated Employees³ must not have the following situations:
  1. Have had their professional or contractor registration, or relevant statutory qualification suspended or revoked;
  2. Have been convicted four or more¹¹ offences related to site safety¹²;
  3. Have been convicted three or more¹¹ employment-related offences¹³;
  4. Have been convicted three or more¹¹ offences related to the employment of illegal workers¹⁴;
  5. Have been convicted of violating relevant regulations¹⁵ of the Buildings Department, Fire Services Department, or Electrical and Mechanical Services Department; or
  6. Have been subject to disciplinary action by the Buildings Department, Electrical and Mechanical Services Department, the registration authorities for architects / surveyors / engineers, and / or the relevant professional institutes
• In future, periodic ratings from the project performance assessment for consultants and contractors, as well as owners’ feedback will also be taken into account under this criterion
   

¹The relevant RMWC refers to a contractor who is registered for Class I minor works of Types A and B.

²Key Personnel refer to the company’s sole proprietor, partner or director who personally discharges the statutory duties under the Buildings Ordinance with respect to the building maintenance projects under the new support service.

³Designated Employees refer to (i) full-time employees who have entered into an employment contract with the company for a minimum term of one year and work at least 40 hours per week as specified in the contract; and (ii) individuals who personally discharge the statutory duties under the Buildings Ordinance with respect to the building maintenance projects under the new support service.

⁴The company will not be allowed to participate in project tendering under the new support service before obtaining the ISO 9001 quality management system certification.

⁵Key Personnel refer to the company’s sole proprietor, all partners, or all directors.

⁶The person holds directly or indirectly more than 25% of the issued shares of the company. Alternatively, if the company has no share capital, the person holds directly or indirectly the right to a share of more than 25% of the company’s capital or profits.

⁷Integrity-related offences include, but not limited to, those prescribed under the Prevention of Bribery Ordinance (Cap. 201), the Independent Commission Against Corruption Ordinance (Cap. 204), the Competition Ordinance (Cap. 619) and provisions of the Crimes Ordinance (Cap. 200) concerning false instrument and forgery.

⁸Prosecution refers to cases in which charges have been laid by law enforcement agencies or a court summons has been issued.

⁹The company will not be allowed to participate in project tendering under the new support service before joining the Construction Industry Integrity Charter 2.0.

¹⁰This is equivalent to the registration requirements set by the Construction Industry Council for Building Maintenance category (Group 1) under the Registered Specialist Trade Contractors Scheme.

¹¹The number of relevant convictions will be counted in accordance with the method set out in the “Contractor Management Handbook” as promulgated by the Development Bureau.

¹²Offences related to site safety refer to the offences specified in the following ordinances and their subsidiary legislation: 
(i) Factories and Industrial Undertakings Ordinance (Cap. 59); and
(ii) Occupational Safety and Health Ordinance (Cap 509).
¹³Employment-related offences refer to offences specified under the Employment Ordinance (Cap. 57).

¹⁴Offences relating to the employment of illegal workers refer to offences specified under sections 17I, 38A(4) and 41 of the Immigration Ordinance (Cap. 115).

¹⁵This refers to violation of sections 40(2A), 40(2AD), 40(2AE), 40(2AF) and 40(2B) of the Buildings Ordinance (Cap. 123), section 9(3)(b) of the Fire Service (Installations and Equipment) Regulations (Cap. 95B) or offences specified under the Lifts and Escalators Ordinance (Cap. 618), for which the maximum fine is set at Level 5 or above.