HONG KONG Trends and Developments Contributed by: Gareth Hughes, Emily Lam, Philip Rohlik and Tiffany Wu, Debevoise & Plimpton LLP
According to the Factories and Industrial Under - takings (Loadshifting Machinery) Regulation, only individuals who hold valid certificates for operating excavators are authorised to do so. Violation of this regulation is a criminal offence and can lead to substantial fines for contrac - tors or responsible individuals. The investigation was initiated following a complaint alleging that certain excavator operators and TCP staff had assisted inexperienced individuals to unlawfully obtain professional certificates. Investigations revealed that the mastermind behind this operation was running an unrecog - nised training field and was recruiting workers lacking the necessary experience for unaccred - ited courses. This individual allegedly conspired with engineering firms to create proof of false employment, enabling these workers to apply for legitimate certification. Arrests made in the oper - ation suggest that over 100 construction work - ers may have used fraudulent documents in their certification applications. All arrested individu - als have been released on bail while the ICAC continues to investigate any additional corrupt activities linked to the certification process. Operation Beacon Tower: allegations of bribery and forgery in electrical worker certifications In a separate initiative dubbed “Beacon Tower”, 37 men were arrested, including a mastermind, the owners of four engineering firms and 32 elec - trical workers. ICAC officers conducted thor - ough searches at relevant homes and offices and seized suspected falsified documents for further examination. Under the Electricity (Registration) Regulations, all electrical workers must register with the EMSD to obtain recognised qualifications. Appli - cants seeking Grade A certificates are required to have relevant training and a minimum of five
years of experience, supported by documenta - tion from registered professionals. Those who are ineligible to perform electrical work may face serious legal repercussions, including a fine and a maximum of six months’ imprisonment. The investigation for Operation Beacon Tower arose out of a complaint alleging that some individuals had applied for Grade A electrical work certificates through corrupted means. It was revealed that the mastermind behind this operation had organised a paid training course and colluded with engineering firms to assist applicants in falsely claiming the necessary work experience. As with Operation Rocket Gun, all arrested indi - viduals in Operation Beacon Tower have been released on bail, and ongoing investigations aim to uncover any corruption linked to the issuance of electrical certificates. Follow-up actions by regulatory bodies In response to the ICAC’s investigation, both the LD and the EMSD have initiated their own investigations. The LD has expressed significant concern regarding illegal activities that allegedly facilitated unqualified individuals in enrolling in training courses for experienced operators of excavators. They have commenced an inves - tigation to verify whether TCPs and their staff complied with the operating conditions required for mandatory safety training courses. The LD has made it clear that it will take decisive action if any violations are found. In consequence of the ICAC’s arrest operation, the LD has annulled 100 certificates for excava - tor operators tied to the case and is reassessing the admission processes for TCPs, with a view to enhancing these mechanisms based on rec - ommendations from the ICAC.
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