Review Body on Bid Challenges
Hong Kong, China is a Party to the Agreement on Government Procurement (GPA) of the World Trade Organization (WTO). As required by the GPA, a Review Body on Bid Challenges (the Review Body) was set up in December 1998. It is a dedicated, independent and impartial body to review challenges against alleged breaches of the GPA by procuring entities. Pursuant to the Hong Kong, China – New Zealand Closer Economic Partnership Agreement (CEP Agreement) and the Free Trade Agreement between Hong Kong, China and Chile (HKC-Chile FTA), which comprise provisions on government procurement similar to the WTO GPA, the Review Body also considers challenges by suppliers against alleged breaches of Chapter 12 of the CEP Agreement and Chapter 9 of the HKC-Chile FTA. The operation of the Review Body is guided by its Rules of Operation.
More information on the Review Body is set out below.
Terms of Reference
Composition and Membership
Secretariat of the Review Body on Bid Challenges
Rules of Operation (pdf format)
Lodging of Bid Challenge
Summaries of Panel Cases
- receive from suppliers any challenges made in respect of alleged breaches of the WTO GPA, Chapter 12 of the CEP Agreement, and/or Chapter 9 of the HKC-Chile FTA by procuring entities in respect of the relevant procurements in which they have, or have had, an interest;
- conduct inquiries only in respect of challenges made by suppliers in accordance with (a) above; and
- make determinations and recommendations in accordance with the Rules of Operation of the Review Body.
The Review Body comprises twelve members, viz. one Chairman, two Deputy Chairmen and nine members who are appointed by the Secretary for Commerce and Economic Development. Its membership list for 2016-2017 is as follows:
|Chairman||Miss WONG Hing-chun||Legal|
|Deputy Chairman||Mr FEE Chung-ming, Johnny||Legal|
|Deputy Chairman||Dr FENN Kar-bak, Lily||Legal|
|Member||Miss CHUNG Ching-may, May||Legal|
|Member||Ms HUNG Lo-shan, Lusan||Accounting|
|Member||Dr LAM Siu-shu, Eddie||Tertiary education|
|Member||Mr LEE Chi-hong, Barry||Engineering|
|Member||Mr TSANG Mo-chau, Andy||Architectural|
|Member||Dr TYEN Kan-hee, Anthony||Accounting|
|Member||Ms WONG Tak-lan, Mary Teresa||Legal|
|Member||Ir WONG Wai-yee, Priscilla||Engineering|
|Member||Prof YOUNG Ngai-man, Simon||Tertiary education|
|Address:||18/F, Trade and Industry Tower,
3 Concorde Road, Kowloon City, Hong Kong
|Tel. No.:||(852) 3403 6227|
|Fax No.:||(852) 2390 7479|
The bid challenge process and procedures are set out in the Rules of Operation of the Review Body. Supplier who wishes to lodge a bid challenge application should complete the complaint form (pdf format) and forward it to the Secretariat in person or by post/fax/e-mail, copying the procuring entity concerned. The time limit for submission of challenges is within 10 working days from the date the complainant knew or reasonably should have known the basis of the challenge. This time limit may be extended to 30 working days under exceptional cases if the Chairman of the Review Body is satisfied that reasonable cause for the delay has been shown.
Upon receipt of a complete bid challenge application, the Chairman will, based on the information provided by the complainant and the procuring entity, decide whether a prima facie case has been established. If the Chairman considers that a challenge should be accepted for inquiry, a panel comprising three members would be set up to recommend any appropriate rapid interim measures, determine the validity of the challenge, and recommend such remedy as it considers appropriate.
For cases reaching the panel stage, hearing of the challenge will be convened upon the request of the complainant or the procuring entity; or if the panel considers it necessary. With the consent of both the complainant and the procuring entity concerned, the hearing may be conducted in public. Notice giving details of the public hearing, if any, will be issued below at least 7 working days before the date of hearing.
|Notice on Public Hearing|
|There is no scheduled public hearing at the moment.|
For enquiries or assistance, please contact the Secretariat of the Review Body.