Shenzhen Energy seeks judicial review of I·PARK2 award over contractor’s tender eligibility

Shenzhen Energy Environment Co., Ltd. has applied to the High Court for permission to seek judicial review of the I·PARK2 contract award. It argues that China State Construction Engineering (Hong Kong) Company Limited, a member of the winning joint venture, should have been barred from building-work tenders after a fatal accident at the Kai Tak Hospital Phase 2 site. The Hospital Authority said a 59-year-old worker employed by a subcontractor was injured, taken to hospital and later died. China State Construction Engineering (Hong Kong) Company Limited was the main contractor.

The Environmental Protection Department awarded the contract to Hong Kong Energy Recovery Park, a joint venture involving China State Construction Engineering (Hong Kong) Company Limited and Chongqing San Feng Environmental Industrial Group Co., Ltd. The project is the second phase of the Integrated Waste Management Facility at Tsang Tsui, Tuen Mun, and covers design, construction and 15 years of operation and maintenance.

The applicant says a fatal industrial accident occurred in July 2025 at a Chek Lap Kok project for which China State Construction was responsible. It says the Development Bureau suspended the company’s eligibility to tender for roads and drainage works until 10 October that year.

After the fatal accident at Kai Tak in April 2026, the bureau did not suspend the company’s eligibility for building works, the applicant says. It argues that the Contractor Management Handbook and related notices required a suspension in that category. The applicant also says tender rules exclude a bid if the tenderer or any joint-venture member is suspended when tenders close.

Shenzhen Energy asks the court to quash the Environmental Protection Department’s award decision and declare the relevant conduct of the department and the Development Bureau unlawful.

The tender was issued in December 2024. Shenzhen Energy says it was told on 13 July 2026 that it had lost and the contract had gone to Hong Kong Energy Recovery Park, at a stated value of HK$21.95 billion. A Gazette notice dated 23 September listed a total contract value of HK$52,388,180,070, comprising HK$22,412,129,928 for construction and HK$29,976,050,142 for operation.

The public-works contractor list showed China State Construction eligible to tender for Category C building contracts, defined as contracts worth more than HK$400 million.