Skip to main content  Skip to search  Skip to main menu
Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

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
Public Hearing
Summaries of Panel Cases
Enquiries
 

Terms of Reference

The duties, functions and powers of the Review Body are to:
  1. 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;
  2. conduct inquiries only in respect of challenges made by suppliers in accordance with (a) above; and
  3. make determinations and recommendations in accordance with the Rules of Operation of the Review Body.

Composition and Membership

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:
Post Name Professional Grouping
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

 

 


















 

Secretariat of the Review Body on Bid Challenges

The Review Body is serviced by a Secretariat formed within the Trade and Industry Department. Its contact information is as follows:
 
Address: 18/F, Trade and Industry Tower,
3 Concorde Road, Kowloon City, Hong Kong
Tel. No.: (852) 3403 6227
Fax No.: (852) 2390 7479
E-mail Address: rbgpa@tid.gov.hk

Lodging of Bid Challenge

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.

Public Hearing

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.
 




Summaries of Panel Cases

Summaries of cases reaching the panel stage are available below for the public's general information.
Case No. Brief Description
02/2011 The rejection of a tender proposal for the design, supply and installation of a replacement air traffic management system and the provision of related services to the Hong Kong International Airport
01/2007 The rejection of a tender proposal for the provision of maintenance services for East Kowloon, West Kowloon and Tsuen Wan Area Traffic Control Systems to the Government of the Hong Kong Special Administrative Region (HKSARG)
01/2005 The rejection of a tender proposal for the supply of digital audio recording and transcription services for the courts of the Hong Kong Special Administrative Region (HKSAR)
04/2003 The rejection of a tender on supplying a fire-fighting vessel to the Government of the Hong Kong Special Administrative Region (HKSARG)
03/2003 The rejection of a tender proposal for the supply of 174 000 000 tablets of Nifedipine sustained-release tablet 20 mg to the Government of Hong Kong Special Administrative Region (HKSARG)
02/2003 The rejection of tender submissions on Central Reclamation Phase III
01/2003 The rejection of a tender on a reloadable card operated parking system to the Government of Hong Kong Special Administrative Region
01/2001 The rejection of a tender submission on the supply, installation and maintenance of a system of Speed Enforcement Camera to the Government of the Hong Kong Special Administrative Region.



























 

Enquiries

For enquiries or assistance, please contact the Secretariat of the Review Body.