Govt refutes rail project remarks

The Government pointed out that the remarks made by an individual regarding the incidents concerning the Shatin to Central Link (SCL) project's construction quality were fabricated and irresponsible.

In an interview with electronic media today, the individual claimed that "the Government is less willing to implicate the MTR Corporation to the turbulence in legal proceedings".

No one should make groundless conclusions or make untrue, unfair and irresponsible remarks, the Government stressed in a press statement.

"The law enforcement department must handle every case in a fair, just and impartial manner. Prosecutorial decisions are based on an objective assessment of all admissible evidence and applicable laws, and made strictly in accordance with the Prosecution Code."

As Police are conducting criminal investigations, the Government will not comment on the case at this stage.

Remarks hinting that the Government might not further follow up on the project's construction quality were completely unfounded with malicious intent. It has taken multi-faceted actions including establishing the Commission of Inquiry into the Construction Works at & near the Hung Hom Station Extension under the Shatin to Central Link Project, and the Expert Adviser Team as well as conducting an independent audit on the implementation of the recommendations in the commission's final report.

Concurring with the commission and the expert adviser team's recommendations, the Government has instructed the MTR Corporation to fully follow up and implement the same.

These recommendations, apart from being implemented in the SCL project, are also applicable to future new railway projects, it added.

Meanwhile, the Buildings Department today responded to comments on the conviction of the contractor for construction works under the SCL for material deviation from the approved plans.

The department said that upon completion of investigations into the irregularities in the construction works at the Hung Hom Stabling Sidings under the SCL project, and based on the findings of the investigations and after consulting the Department of Justice, it instigated prosecution action against Leighton Contractors (Asia) for an offence under section 40(2A)(a)(ii) of the Buildings Ordinance in May 2020.

Having reviewed the circumstances of the case and relevant evidence, and to maximise the chances of a successful conviction, the Department of Justice amended the charge to an offence under section 40(2A)(b) of the same ordinance this month, with the details and factual basis of the case remaining unchanged.

The two offences are of similar gravity and carry the same penalties of a maximum $1 million fine and three years' imprisonment.

The two departments are studying the verdict to consider whether an appeal should be lodged.

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