Independent inquiry into Tai Po blaze a positive step

Grenville Cross says the public needs to know exactly what happened and why, and what needs to be done to prevent any recurrence

The death of at least 159 people and the injury of many others in the deadly fire last month at Wang Fuk Court in Tai Po has left Hong Kong traumatized. The suffering has been unimaginable, and the pain of the afflicted families will endure forever. Young and old perished in the flames, and the search for the missing continues.

Whereas the firefighters were heroes, other first responders and emergency services excelled themselves in unprecedented circumstances. Although many of the victims sustained horrific injuries, the medical teams bravely rose to the challenges and could not have tried harder to alleviate the suffering. Many local people, particularly children, are in urgent need of physical comfort and mental health support, and the community has rallied round.

In the face of tragedy, Hong Kong has shown itself at its best. Whereas the special administrative region government initially provided HK$300 million ($38.5 million) for a victim support fund, public donations of HK$2.5 billion have raised the total to HK$2.8 billion. The government has also, for example, waived various charges that Wang Fuk Court residents would otherwise have been liable for (including taxes for the previous financial year), settled their rents and rates, and attended to their accommodations.

At least 15 people have been arrested in connection with the inferno. There have been allegations that construction companies used substandard materials that exacerbated the blaze, and that corrupt activity led to the purchase of noncompliant netting to replace netting damaged during a typhoon. As allegations of safety violations and malpractice grow, both criminal and fire investigations are underway and proceeding apace. In the wake of the blaze, the Buildings Department has ordered the temporary suspension of 30 construction projects (mostly managed by the firm responsible for the renovation work at the Tai Po fire site).

Not surprisingly, people are calling for answers, and the investigators have their work cut out for them. The public needs to know exactly what happened and why, and what needs to be done to prevent any recurrence. No stone should be left unturned, and all relevant trails must be pursued.

On Tuesday, therefore, the chief executive, John Lee Ka-chiu, pledged to ensure that “justice is served”. He vowed to “uncover the truth”, and promised “systematic reform”. As he appreciates, this can only be done if he can get to the bottom of the matter. He therefore announced that an independent review committee (IRC), chaired by a judge, will be established to “conduct a comprehensive and in-depth review, to reform the building works system and prevent similar tragedies from occurring in the future”. In due course, its findings will be made public in full.

The IRC’s mandate will be comprehensive, and Lee outlined eight areas it will need to examine, including safety rules and supervisory responsibilities. It will consider vested interests, conflicting roles, and the duties of regulatory personnel (whether government departments or authorized professionals). It will also examine corruption, bid-rigging, and irregular tender practices in the building maintenance sector. In other words, the IRC will have its work cut out for it, and the adequacy of the existing laws and penalties will also fall within its purview.

This is undoubtedly the way to go, and there are precedents. In 2018, for example, an IRC, chaired by Justice Michael Lunn, was formed after a fatal bus accident on Tai Po Road resulted in 19 deaths and 65 injuries. Its report, which the government accepted, focused on improving the safety of Hong Kong’s public bus services. Its findings led to significant changes in how public bus services are regulated and operated in Hong Kong, and it has more than proved its worth. The latest IRC already has a head of steam, and there is no reason to expect its outcomes to be any less beneficial than those of its predecessors.

Although there have been different types of inquiries in the past (some statutory, others less formal), there have to be horses for courses. The chief executive has, for good reason, decided that the most appropriate body this time is an IRC, whose terms of reference will be finalized in consultation with the judge who will chair it. Although it will not have a statutory basis (as, for example, the 1996 Garley Building fire inquiry did), it will thereby enjoy greater flexibility and yield results sooner. This explains why Lee was at pains to emphasize that everything possible will be done to support the committee’s “operational efficiency”, enabling it to “complete its task efficiently”. Although the IRC will not have legal powers to compel the attendance of witnesses, everybody is duty-bound to provide whatever assistance it requires, and woe betide anyone who fails to step up to the plate.

The IRC, said Lee, will be expected to report early with recommendations “to assist the government to make the reform”. It is reassuring to know that no obstacles will be allowed to prevent the truth emerging, and that practical proposals will be forthcoming. If the necessary reforms are then implemented, the public interest will have been served.

If the IRC can trigger the changes necessary to make people in Hong Kong safer in their homes, something positive will have come out of one of the darkest days in Hong Kong’s recent history.

The author is a senior counsel and law professor, and was previously the director of public prosecutions of the Hong Kong Special Administrative Region.

The views do not necessarily reflect those of China Daily.