Report of the Select Committee to
Study Mr LEUNG Chun-ying's Involvement
as a Member of the Jury
in the West Kowloon Reclamation Concept
Plan Competition and Related Issues

June 2012



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Table of Contents




Page

CHAPTER

1

Introduction


1 - 23

2

Involvement of Mr LEUNG Chun-ying as a member of the Jury in the Competition


24 - 96

Part I-Competition rules, requirements and conditions relevant to the study


25 - 32

Part II-Appointment of Mr LEUNG Chun-ying as a member of the Jury


33 - 40

Part III-Mechanism for dealing with conflict of interests and Mr LEUNG Chun-ying's declarations


40 - 60

Part IV-Mr LEUNG Chun-ying's participation as a member of the Jury in the adjudication process


60 - 67

Part V-Disqualification of the Entry Concerned and subsequent actions taken in relation to Mr LEUNG Chun-ying's declarations


68 - 81

Part VI-Observations


81 - 96

3

Association of DTZ with the Entry Concerned and Mr LEUNG Chun-ying's awareness or unawareness of it before the adjudication of entries


97 - 145

Part I-Association of DTZ with the Entry Concerned


98 - 118

Part II-Mr LEUNG Chun-ying's awareness or unawareness of DTZ's association with the Entry Concerned before the adjudication of entries


118 - 134

Part III-Observations


134 - 145

4

Conclusions


146 - 167

Acknowledgement


168

Signatures of members of the Select Committee


169

Abbreviations


173 - 175

Appendices

Appendix 1(a)Letter from the C Y Leung Campaign Office and the replies of the Secretary General of the Legislative Council Secretariat and the Chairman of the Select Committee


179 - 182

Appendix 1(b)Practice and Procedure of the Select Committee


183 - 198

Appendix 1(c)Replies of persons who were outside Hong Kong and invited by the Select Committee to assist in its study


199 - 204

Appendix 1(d)Schedule of hearings and names of witnesses


205 - 207

Appendix 1(e)Correspondence between Mr LEUNG Chun-ying's solicitors and the Select Committee


208 - 213

Appendix 1(f)List of parties submitting views to the Select Committee


214

Appendix 2(a)Membership of the Jury for the Competition


215

Appendix 2(b)Assessment criteria of the Competition


216

Appendix 2(c)Membership of the Technical Panel for the Competition


217

Appendix 2(d)Extract from the General Conditions of the Competition Document


218 - 219

Appendix 2(e)File note dated 23 May 2000 on the meeting with the Chief Executive regarding the composition of the Jury


220 - 222

Appendix 2(f)Proposed list of members of the Jury for the Competition attached to the letter dated 18 January 2001 from the Chief Secretary for Administration to Lord ROTHSCHILD


223 - 226

Appendix 2(g)Email exchange dated 8 March 2001 between the Secretary for Planning and Lands and the Private Secretary to the Chief Executive on the appointment of Mr LEUNG Chun-ying as a member of the Jury for the Competition


227

Appendix 2(h)Letter dated 9 March 2001 from Mr PO Pui-leong to Mr LEUNG Chun-ying on the arrangements relating to the Competition


228 - 229

Appendix 2(i)Memorandum dated 18 October 2001 from the Secretary for Planning and Lands to Commissioner, Independent Commission Against Corruption seeking views on the question of declaration of interest by members of the Technical Panel


230 - 233

Appendix 2(j)Memorandum dated 6 November 2001 from the Director of Corruption Prevention, Independent Commission Against Corruption to the Secretary for Planning and Lands advising on declaration of interest by members of the Technical Panel


234

Appendix 2(k)Memorandum dated 23 November 2001 from the Secretary for Planning and Lands to the Director of Corruption Prevention, Independent Commission Against Corruption attaching the finalised version of the declaration form


235 - 236

Appendix 2(l)Declaration form prepared by the Competition Team in consultation with the Professional Advisor and the Independent Commission Against Corruption


237

Appendix 2(m)Declarations made by members of the Technical Panel


238

Appendix 2(n)Declaration form of Mr David LEE, a member of the Technical Panel


239 - 242

Appendix 2(o)Letter dated 21 February 2002 from Mr Eric JOHNSON to members of the Jury requesting them to make declaration of interest in a standard form attached


243 - 251

Appendix 2(p)Mr Eric JOHNSON's explanation of the five items in the declaration form attached to his letter dated 21 February 2002 to members of the Jury


252

Appendix 2(q)Declaration form of Mr LEUNG Chun-ying


253

Appendix 2(r)Declaration form of Professor Patrick LAU


254

Appendix 2(s)Mr LEUNG Chun-ying's understanding of the declaration requirements


255 - 259

Appendix 2(t)Declarations made by members of the Jury


260

Appendix 2(u)Summary of votes by the Jury


261

Appendix 2(v)Voting record of individual members of the Jury


262

Appendix 2(w)Letter dated 11 March 2002 from Mr LEUNG Chun-ying to Mr Eric JOHNSON regarding the involvement of the company associated with him in the activities relating to the Competition


263 - 267

Appendix 2(x)Letter dated 9 June 2003 from Mr LEUNG Chun-ying to the Executive Council making declarations in respect of the item "Invitation of Proposals for the Development of the West Kowloon Cultural District"


268 - 269

Appendix 2(y)Letter dated 21 June 2003 from the Clerk to the Executive Council to Mr LEUNG Chun-ying reminding him to declare interest when the information paper entitled "Progress Report on Development of the West Kowloon Cultural District" was discussed at the Executive Council meeting on 24 June 2003


270 - 271

Appendix 3(a)Letter dated 5 March 2012 from Dr Kenneth YEANG to the Home Affairs Bureau


272 - 273

Appendix 3(b)Fax dated 22 May 2001 from Dr Kenneth YEANG to DLS Malaysia in relation to the Competition


274 - 276

Appendix 3(c)Fax dated 23 May 2001 from DLS Malaysia to Hamzah & Yeang confirming its interest in being part of the project team of Hamzah & Yeang for the Competition


277

Appendix 3(d)Fax dated 21 August 2001 from Dr Kenneth YEANG to LWK, DLS, Benoy and Battle McCarthy inviting their comments on Hamzah & Yeang's latest drawings in relation to its proposed submission for the Competition


278 - 279

Appendix 3(e)Fax dated 7 September 2001 from Dr Kenneth YEANG to LWK, DLS, Benoy and Battle McCarthy requesting them to submit information on their respective companies for inclusion in the final submission to the Competition


280 - 282

Appendix 3(f)Email dated 24 September 2001 from LWK to Hamzah & Yeang regarding Project Team information


283

Appendix 3(g)Letter dated 25 September 2001 from Mr Kenneth POON to Dr Kenneth YEANG enclosing DLS's write-up on the requested information in Dr YEANG's letter of 7 September 2001


284 - 288

Appendix 3(h)The Registration Form dated 5 June 2001 and the list of project team members dated 27 September 2001 submitted by Hamzah & Yeang to the Organiser


289 - 295

Appendix 3(i)Letter dated 11 September 2001 from Mr Kenneth POON to Mr Ronald LIANG advising DTZ's agreement to assist in the land valuation for the "West Kowloon Waterfront Design Competition"


296

Appendix 3(j)Letter dated 18 September 2001 from Mr WONG Kim-bon to Mr Ronald LIANG providing DTZ's opinion on the land premium for the development proposal provided by Mr Kenneth POON for the Competition


297 - 303

Appendix 3(k)Letter dated 20 September 2001 from Mr Kenneth POON to LWK proposing the approach to the financial feasibility study on their project for the Competition


304 - 306

Appendix 3(l)Fax dated 24 September 2001 from Mr Kenneth POON to Mr WONG Kim-bon regarding DTZ's accommodation value calculation provided in Mr WONG's letter of 18 September 2001


307 - 308

Appendix 3(m)Reply dated 25 September 2001 from Mr WONG Kim-bon to Mr Kenneth POON's fax dated 24 September 2001


309

Appendix 3(n)Letter dated 26 September 2001 from Mr Kenneth POON to Mr Ronald LIANG enclosing DLS's write-up on the financial section for the "West Kowloon Waterfront Design Competition"


310 - 313

Appendix 3(o)Fax dated 19 September 2001 from Mr Kenneth POON to Mr CHIU Kam-kuen enclosing a copy of fax from Hamzah & Yeang


314

Appendix 3(p)Email dated 25 September 2001 from Miss Teresa NG to Hamzah & Yeang enclosing the company information on DTZ and the curriculum vitae of its key personnel


315 - 320

Appendix 3(q)Draft concept drawings in the file of DTZ delivered to Mr LEUNG Chun-ying by Mr WONG Kim-bon


321 - 328

Appendix 4(a)Chronology of events relating to Mr LEUNG Chun-ying's involvement as a member of the Jury in the Competition


329 - 338

Lists of written evidence/documents

A.Evidence/documents provided by the Home Affairs Bureau


342 - 352

B.Evidence/documents provided by DTZ


353

C.Evidence/documents provided by DLS


354 - 355

D.Evidence/documents provided by LWK


356 - 358

E.Evidence/documents provided by witnesses and other parties


359 - 360

F.Documents provided by individuals and other parties


361 - 362

G.Documents referred to by the Select Committee


363

Minutes of proceedings


364 - 390


Minutes of evidence of public hearings

Table of Contents

No. Date of public hearing Witness
1 17 March 2012 Mr Raymond YOUNG Lap-moon
Permanent Secretary for Home Affairs
Mr John TSANG Chun-wah
Former Secretary for Planning and Lands
Mr Eric JOHNSON
Former Principal Assistant Secretary (Planning and Lands)
Planning and Lands Bureau
Co-ordinator of the West Kowloon Reclamation Concept Plan Competition
("the Competition")
Mr Bosco FUNG Chee-keung
Former Director of Planning
Chairman of the Technical Panel for the Competition
2 20 March 2012 Mr LEUNG Chun-ying
Member of the Jury for the Competition
3 31 March 2012 Mr CHIU Kam-kuen
DTZ Debenham Tie Leung Limited ("DTZ")
Mr WONG Kim-bon
DTZ
Mr CHENG Hung-yan
DTZ
Miss NG Chor-yee, Teresa
DTZ
Mr Ronald LIANG
LWK & Partners (HK) Limited
("LWK")
Mr Kenneth POON Kan-young
Davis Langdon & Seah Hong Kong Limited ("DLS")
4 3 April 2012 Mr PO Pui-leong
Former Principal Assistant Secretary (Special Duties)
Planning and Lands Bureau
Mr Raymond YOUNG Lap-moon
Permanent Secretary for Home Affairs
Mr John TSANG Chun-wah
Former Secretary for Planning and Lands
Mr Eric JOHNSON
Former Principal Assistant Secretary (Planning and Lands)
Planning and Lands Bureau
Co-ordinator of the Competition
Mr Bosco FUNG Chee-keung
Former Director of Planning
Chairman of the Technical Panel for the Competition
5 14 April 2012 Mr C. Nicholas BROOKE
Member of the Jury for the Competition
Professor CHANG Hsin-kang
Member of the Jury for the Competition
Mrs Selina CHOW LIANG Shuk-yee
Member of the Jury for the Competition
Professor Patrick LAU Sau-shing
Member of the Jury for the Competition
Mr CHIU Kam-kuen
DTZ
Mr WONG Kim-bon
DTZ
Mr CHENG Hung-yan
DTZ
Miss NG Chor-yee, Teresa
DTZ
Mr Ronald LIANG
LWK
Mr Kenneth POON Kan-young
DLS
6 21 April 2012 Mr Gordon SIU Kwing-chue
Former Secretary for Planning and Lands
Mr LEUNG Chun-ying
Member of the Jury for the Competition

Note: The above post titles were those held by the witnesses at the time when they attended the hearings of the Select Committee.