By Alex Liu

Hong Kong, 9 December 2025: As recovery work continues following the Tai Po fire disaster, the government has acted with commendable speed in announcing that an independent committee, chaired by a judge, is being established to conduct a comprehensive review. The investigative body’s aim will be to facilitate systematic reform of the building repair and maintenance sector with a view to preventing similar tragedies from occurring in the future.

The blaze, which began on 26 November and affected seven of the eight blocks of Wang Fuk Court – comprising almost 2,000 households – claimed at least 159 lives and injured 79 people. The estate had been covered in bamboo scaffolding and netting since a large-scale renovation project began in July last year. The authorities have confirmed that initial investigations revealed significant lapses in building works, from construction to supervision, with multiple points of failure. As of yesterday, 21 people had been arrested.

In announcing the follow-up investigation, city leader John Lee essentially had a choice between setting up a commission of inquiry or a judge-led independent committee. Each has its merits and has been utilised by previous governments.

The former is a statutory body established under the Commissions of Inquiry Ordinance (Cap.86) to investigate matters of public importance. It is treated as a judicial process, but is not a court of law. A commission of inquiry has the power to summon anyone to give evidence and demand documents. The 2012 Lamma Island ferry collision and, before the Handover, the 1996 Garley Building fire were both investigated via this method.

An independent review committee – which the chief executive has opted for in this instance – is non-statutory but is seen as speedier and more flexible. While the committee cannot compel witnesses to appear, it still wields considerable power. In any event, it is considered highly unlikely in the current climate that anyone would refuse to give evidence.

The Chief Executive’s Office has emphasised that one of the reasons for choosing this method is to expedite and enhance the efficiency of the investigation, including criminal probes. An independent review committee was last formed in 2018 to probe our city’s franchised bus services after a fatal traffic accident that killed 19.

The committee will investigate the following:

• Safety requirements, standards, supervision and routine maintenance system for construction works.
• Systemic issues in the construction process, such as inappropriate connected interests, conflicts of roles and corrupt collusion.
• Use of appropriate materials in the construction and renovation process with a view to establishing an up-to-date list of materials for which safety standards are properly set with required verification and testing systems.
• Roles and responsibilities of regulatory personnel across all stages of the project chain, including government departments and authorised professionals.
• Issues of corruption, bid-rigging and irregular tendering in building maintenance projects.
• Supervision and responsibility of the installation and effective operation of fire safety systems in buildings.
• Accountability related to the above areas in the Tai Po fire.
• The adequacy or otherwise of legislation and penalties.

The chief executive has pledged to overcome the obstacles of vested interests and pursue accountability with a view to producing a report as soon as possible. This will be made available in full to the public. Meanwhile, criminal and fire investigations will continue separately.

With emotions inevitably running high in the aftermath of the fire, John Lee has opted for an investigation that combines independence, efficiency, transparency and gravitas. Like all of Hong Kong, we await the committee’s findings with keen interest.

Alex Liu is Managing Partner of BC&C. He was Chairman of the Appeal Tribunal Panel (Buildings Ordinance) for nine years until 2018 and a frequent legal advisor on the TVB documentary series A Property a Day. His key areas of practice include commercial and corporate litigation, investigations by governmental bodies, and insolvency and debt restructuring. He can be contacted at alex@boasecohencollins.com.