Supervision Consultants

(1)    Technical Competence

• At least one of the Key Personnel¹ or Designated Employees² holds the qualification of both an Authorised Person (AP) and a Registered Inspector (RI) under the Buildings Ordinance (If the company’s Key Personnel¹ or Designated Employee² currently holds only the qualifications of an AP or RI under the Buildings Ordinance, the company must commit to ensuring that such Key Personnel¹ or Designated Employees² will obtain the qualification of both an AP and a RI under the Buildings Ordinance within 12 months after submitting the application)
• The company must have at least two additional full-time employees³ who respectively possess the minimum qualifications and experience required for RI’s Level 1⁴and Level 2⁵ representatives
• Past project experience must meet one of the following requirements:
  1. Within the past five years, the company has had an AP and/or a RI that 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 Personnel¹ or a Designated Employee² of the company has, in the capacity of an AP and/or a RI, 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 under the Architectural / Building Services / Building Surveying / Structural Engineering category on the Architectural Services Department’s “Lists of Consultants of the Architectural and Associated Consultants Selection Board”

• The company has obtained (or has committed to obtaining within 12 months after submitting the application) ISO 9001 quality management system certification⁶

   

(2)    Integrity

• The company and its Key Personnel⁷, Designated Employees² and Significant Controllers⁸ 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 offences⁹ in the past three years;
  2. The company and the related personnel are not currently being prosecuted¹⁰ 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 2.0¹¹.

(3)    Financial Capacity

• The company is not currently in bankruptcy or liquidation, nor facing bankruptcy or liquidation proceedings

(4)    Past Performance

• Within the past year, the company and its Key Personnel¹ and Designated Employees² 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 more¹² offences related to site safety¹³;
  3. Have been convicted three or more¹² employment-related offences¹⁴;
  4. Have been convicted three or more¹² offences related to the employment of illegal workers¹⁵;
  5. Have been convicted of violating relevant regulations¹⁶ 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
   

¹Key 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.

²Designated 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.

³Full-time employees refer to company employees who have entered into a contract of employment with the company for a minimum term of one year and work at least 40 hours per week as specified in the contract.

⁴The minimum qualifications and experience required for a Level 1 representative are equivalent to those of a technically competent person (TCP) for grade T1 for Building Works or Class I Minor Works, as stipulated in the Code of Practice for Site Supervision issued by the Buildings Department.

⁵The minimum qualifications and experience required for a Level 2 representative are equivalent to: (i) the TCP of grade T3 for Building Works or Class I Minor Works, as stipulated in the Code of Practice for Site Supervision issued by the Buildings Department; or (ii) passed specified top-up course with minimum total relevant working experience of five years. 

⁶The company will not be allowed to participate in project tendering under the new support service before obtaining the ISO 9001 quality management system certification.

⁷Key Personnel refer to the company’s sole proprietor, all partners, or all directors.

⁸The 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.

⁹Integrity-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.

¹⁰Prosecution refers to cases in which charges have been laid by law enforcement agencies or a court summons has been issued.

¹¹The company will not be allowed to participate in project tendering under the new support service before joining the Construction Industry Integrity Charter 2.0.

¹²The 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.

¹³Offences 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).
¹⁴Employment-related offences refer to offences specified under the Employment Ordinance (Cap. 57).

¹⁵Offences relating to the employment of illegal workers refer to offences specified under sections 17I, 38A(4) and 41 of the Immigration Ordinance (Cap. 115).

¹⁶This 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.