After a 23-day trial alleging 32 criminal charges, Parkside’s Benson Tsoi SC and Fergus Tam secured an acquittal for the Authorized Signatory (D2 in the case) of all 32 charges of “permitting material deviations” by the use of wrong concrete mix and other deviation in a luxurious residential project “THE PAVILIA FARM” which was a project jointly developed by New World Development and MTR Corporation situated above the Tai Wai MTR Station. It was described as a “mega” residential construction project consisting of 8 towers each of approx. 40-49 floors high providing for more than 3,000 private residential units.

The charges laid in 2022 concerned a leading construction company (D1) and its Authorized Signatory (D2) respectively causing and permitting 4 towers of THE PAVILIA FARM to be constructed with the wrong concrete mix at 31 locations and failure to construct a “column” as shown on the approved plan during their construction, contrary to ss.40(2A)(b) and 40(5) the Buildings Ordinance. D1 was a well-established Registered General Building Contractor responsible for the construction of THE PAVILIA FARM.

Two of these towers were eventually demolished and rebuilt, whilst the remaining two received strengthening works.

For the 31 “wrong concrete mix” charges, the Court accepted D2’s argument that a person cannot permit a deviation in a material way unless he knew of the deviation, and that knowledge must mean actual knowledge or wilful blindness. The Court further accepted D2’s submission that the evidence presented to the Court fell short of what was required to show wilful blindness on D2’s part.

Thus, D2 was acquitted of all 31 charges relating to the wrong concrete mix being used. And since the Prosecution’s case against D1 (a corporation) relies on D2’s knowledge being imputed to D1, the company was also acquitted of all these 31 charges.

The Court also acquitted both defendants for the remaining charge concerning the replacement of the “column” with a non-structural wall, having considered all the evidence the Court could not be satisfied that the alleged deviation was “material” which was a requirement for the offence. Thus, both defendants were acquitted for the remaining charge, resulting in their full acquittal of all charges.

Benson Tsoi SC and Fergus Tam were instructed by Guantao & Chow in the case STS 8168-8194, 8893-8897/2022.

The Pavilia Farm is a mega property development project on top of Tai Wai MTR Station. Towers 1 and 8 of the Pavilia Farm were demolished and rebuilt, see news articles:-

https://www.scmp.com/business/article/3104909/new-world-development-launches-mega-hong-kong-project-lower-expected

https://www.hk01.com/%E5%9C%B0%E7%94%A2%E6%A8%93%E5%B8%82/761610/%E6%9F%8F%E5%82%B2%E8%8E%8A-iii-%E5%AE%A3%E5%B8%83%E9%87%8D%E5%BB%BA%E5%8D%81%E5%80%8B%E6%9C%88-%E5%8F%96%E6%B6%88%E4%BA%A4%E6%98%93%E8%BF%AB%E8%BF%91200%E5%AE%97-%E6%B6%89%E9%8A%B7%E5%94%AE%E9%A1%8D%E9%80%BE32%E5%84%84

https://news.rthk.hk/rthk/ch/component/k2/1664347-20220826.htm