COMMISSION OF INQUIRY INTO THE DIAPHRAGM WALL AND PLATFORM SLAB CONSTRUCTION WORKS AT THE EXTENSION UNDER THE SHATIN TO CENTRAL LINK PROJECT

WITNESS STATEMENTSTATEl\直ENT OF WONG CHI CHUNG FOR MTR CORPORATION LIMITED

I, WONG CHI CHUNG,CHUNG, of , WILL SAY AS FOLLOWS:

BackgroundBackt?roun.d

1.1. I waswas GeneralGeneral ManagerManager —- SCLSCL CivilCivil -—EWL EWL of of the the Shatin Shatin to to Central Central Link Link (’, ("SCL")SCL”) Project and PMO (i.e. Project Management Officer)Officer）。 off the MTRMTR CorporationCorporation LimitedLimited ("MTRCL").(’,MTRCL’’).

2.2. I obtained my Bachelor'sBachelor’s degree in Engineering from仕om the University of in December 1989.1989. I have been a member of the Hong Kong Institution of Engineers since August 19941994 and a Registered Professional Engineer in Hong Kong with the Engineers Registration Board since June 2012.

3. I joined MTRCL in 1995.1995. During my careerc訂eer with MTRCL, I had been involved in 4 major projects, including the AirportAi中ort Railway project, the Penny'sPenny’s Bay Line project, the Southern Link project, and the SCL Project.

4.4. In March 2012, II waswas promotedpromoted to to ProjectPr吋 ect ManagerManager —一 Operations Projects at ES Grade of the Projects Division. InIn NovemberNovember 2014, 2014, I Iwas was appointed appointed as as Project Project Manager Manager- — SCL Civil —- EWL EWL 2 2 ofof thethe Projects Division. InIn July 2015, I waswas appointedappointed asas ActingActing General Manager —- SCL SCL CivilCivil -—EWL EWL of of the the Projects Projects Division.Division. InIn DecemberDecember 2015, I was promoted toto thethe positionposition of of General General Manager Manager — SCLSCL Civil Civil — - EWL.EWL. InIn MarchMarch 2018, I was appointedappointed asas GeneralGeneral Manager Manager — - SCLSCL CivilCivil —- EWLEWL and PMO.

5. I havehave beenbeen involvedinvolved in thethe SCLSCL ProjectProject from企om AprilApril 20082008 toto AugustAugust 20112011 andand subsequently 企fromom NovemberNovember 20142014 toto AugustAugust 2018.2018. BetweenBetween August 20112011 andand November 2014, I waswas thethe Acting Acting Project Project Manager Manager — - OperationsOperations Projects,Projects, andand subsequently ProjectPr吋 ect ManagerManager —- OperationsOperations PrProjects,吋 ects, inin whichwhich rolesroles I was involved in the works in relation to existing railways.railways. During this period, II was not involved in the SCL Project.

1 60850757.1960850757.19 B167 6.6. I am providing this witness statement in response to various matters raised in a letterletter B1/47-64 dated 27 July 2018 from企om Messrs Lo & LoLo ("Letter"),(”Letter’,), who II understandunderstand are thethe solicitors acting for the Commission of InquiryInquiry into the Diaphragm Wall and Platform Slab Construction WorksWorks atat the HungHung HomHom StationStation ExtensionExtension under the ShatinShatin to Central Link ProjectProject (” ("CommissionCommission of Inquiry").Inquiry”). In this statement, I shall address the matters listed as items 3, 4, 5, 8(a), 11(b),1 l(b), 11(d)1 l(d) and 12(c)12(c）。 off the Letter.B1/50-59

B1/50-59 7.7. While I am aware of the matters raised in items 3, 4, 5,5, 8(a),8(a), 11(b),1 l(b), 11(d)1 l(d) and 12(c)1 月c) of the LetterLetter based on my first-handfirst-hand observationsobservations andand personal involvementinvolvement in the SCLSCL Project from企om April 2008 to August 2011 and from企om November 2014 to August 2018 and I confirm that the contents of this statementstatement are true to thethe best ofof mymy knowledgeknowledge and belief, there are occasions when I can onlyonly speak to matters by reference to MTRCL'sMTRCL 『 s documents duedue toto the lapse of time,time, inin whichwhich casecase II believebelieve thethe contentscontents ofof thosethose documents 缸aree true and correct.

島生Myv Role in the SCL ProiectProject

8. In late 2014, II becamebecame Project Pr吋 ect ManagerManager — - SCL CivilCivil —- EWL EWL 2,2, andand II workedworked underunder Mr. Aidan Rooney in the SCL Project, although I was not involved in anyany work in relation to HungHung HornHom Station.Station. Mr.弘fr. RooneyRooney was was General General Manager Manager — - SCLSCL Civil Civil — - EWLEWL at that time. He waswas thethe GeneralGeneral ManagerManager responsibleresponsible forfor managingmanaging thethe civilcivil engineeringengineering works of the entire SCL Project.

9. In oror aroundaround JulyJuly 2015,2015, afterafter thethe contractscontracts inin relationrelation toto cross-harbourcross-harbour worksworks werewere awarded, the rolerole ofof General General Manager Manager — - SCL Civil —- NSL NSL was was setset upup toto cater for the additional civil engineering works for the entireentire SCLSCL Project. Mr. AidanAidan Rooney took up thethe rolerole ofof General General Manager Manager — - SCLSCL CivilCivil —- NSL,NSL, and he waswas responsibleresponsible forfor managing the civil engineering works located at and south ofof ContractContract 1111.1111. I took up the role of General General ManagerManager- — SCLSCL Civil-EWL,Civil — EWL, and and was was responsible responsible forfor managingmanaging the civil engineering works located north of and excluding Contract 1111.1111. This effectively meant that曲的 our responsibilities were splitsplit geographicallygeographically at the northern boundaries of Contract 1111.

10. Accordingly, whilstwhilst asas thethe General General Manager Manager — - SCLSCL CivilCivil —- EWLEWL itit maymay appearappear that I had project management responsibility for the EWL works under Contract 1112, my main responsibility was in respect ofof the works located north of and excluding Contract 11111111 and hencehence notnot ContractContract 1112.1112. InsofarInsofar asas ContractContract 11121112 isis concerned,concerned, mymy responsibility was limited to being thethe Competent PersonPerson (’,("CP"),CP’,), whichwhich II nownow turntum to.

B10/7129-7151 11.11. I waswas nominatednominated as the CPCP forfor aa groupgroup ofof contracts contracts forfor thethe SCLSCL Project,Project, namelynamely Contracts 1101, 1102, 1111 and 1112,1112, by Mr.弘fr. StephenStephen Chik,Chik, the then Head of Project B4/1855-1869 Engineering,Engineeri時， onon 4 FebruaryFebruary 20152015 underunder thethe InstrumentInstrument ofof Exemption Exemption ("IoE")("loE") and B4/1870-1885 Instrument of Compliance (”("IoC").IoC”). I Ihave have read read thethe IoE IoE andand IoC,IoC, andand II understandunderstand that

2 60850757.1960850757.19 B168 the role of CPCP isis equivalentequivalent toto thatthat ofof the the AuthorizedAuthorized PersonPerson andand RegisteredRegistered StructuralStructural Engineer under the Buildings Ordinance (Cap. 123).

B10/7129-7151 12.12. Specifically for Contract 1112,1112, between FebruaryFebruary 20152015 andand August 2018,2018, II waswas the CPCP for Contract 11121112 in place of Mr. Aidan Rooney (who was previously appointedappointed asas CP in respect of Contract 1112 from September 2013 to February 2015). The construction of the diaphragm walls at Hung HornHom Station was carried out during my, as well as Mr. Rooney's,Rooney’s, tenure as CP. However, asas the construction works were carried out during the period from企om July 2013 to JuneJune 2015,2015, thethe greatgreat majoritymajority ofof the the diaphragmdiaphragm wallswalls waswas constructed when Mr. Rooney was CP.

13.13. As thethe CPCP forfor ContractContract 1112,1112, II waswas responsibleresponsible for:for: (a)(a) makingmaking submissionssubmissions and/orand/or notifications to the BuildingsBuildings DepartmentDepartment ("BD")(”BD”) (examples( examples include submission of plans, certification of completion of works,works, notificationnotification of non-conformitynon-conformity that may lead toto imminentimminent danger);danger); and,and, (b)(b) supervisingsupervising thethe constructionconstruction worksworks inin accordanceaccordance with the Site Supervision PlanPlan (’,("SSP").SSP”).

14.14. To sumsum up,up, althoughalthough I I was was General General Manager Manager — - SCLSCL CivilCivil —- EWL,EWL, II diddid notnot participateparticipate in thethe day-to-dayday-to-day management of ContractContract 1112.1112. Mr.Mr. AidanAidan RooneyRooney waswas responsibleresponsible for that. Other than acting as the CP, I did not have any direct involvement in Contract 1112.

Item 3: With reference to an OrOrganisation窒anisation Chart of Your Company,Company‘ describe and explainexnlain the rolesroles andand responsibilitiesresponsibilities ofof eacheach personperson in姐 YourYour CompanyComnanv involvedinvolved in thethe construction,construction. qualityQ ualitv control,contt叫‘ supervision,suoervision. monitoring,monitorine‘ inspectioninspection ofof thethe diaphragmdianhraem walls and the platformplatform slabs and the steel barsbars andand steelsteel barbar structuresstructures withinwithin thethe diaphragmdiaohrai?m walls and thethe platformolatform slabs.slabs. Identify,ldentifv.‘ withwith namesnames andand jobiob description,description、 thethe relevantrelevant personsoersons on the也e OrganisationOreanisation Chart and indicate whether such persons are still in thethe employmentemolovrnent of Your Company.Comoanv. If such personsoersons have left Your Company,Comoanv. pleaseolease provideorovide contact details if such information is available.

Item 4: PleasePlease provideorovide as anan exhibitexhibit toto thethe witnesswitness statementstatement aa listlist ofof the the managers,mana2ers‘ supervisors and inspectorsinsoect。”（ (withwith names and contactcontact details)details) employedemolovecl or engageden2a2ed bybv Your Company who were involved in thethe steelsteel fixingfixine worksworks andand thethe constructionconstruction of thethe steel structuresstTuctures within thethe diaphragmd.iaohra1rm walls andand platformplatform slabs.slabs. Identifyldentifv thethe typetvoe of work and duties undertaken bvby such mana2ersmanagers,‘ supervisorssuoervisors and祖d inspectors.insoectors.

Project Mα:nαManagementgement Plan

B4/1825-2502 15.15. Under the Project Management Plan, as one ofof thethe GeneralGeneral ManagersManagers (’, ("GM")GM”) forfor the SCLSCLPr Project,吋 ect, my duty was to oversee the design and construction of the relevant part of the SCLSCL Project,Pr吋 ect, managing,managing, supervisingsupervising and co-ordinatingco-ordinating thethe CPs afterafter theirtheir appointmentappoi叫ment by the Head of ProjectProject Engineering,Engineering, andand ensuring,ensuring, to thethe extentextent possible, that the relevant part of the SCL Project was delivered on time, within budget and to the

3 60850757.1960850757.19 B169 required construction, safety, quality and environment standardsstandards.. My site staff and I also supervised site works and would informinform relevant parties if anyany deficienciesdeficiencies were identified. AsAs GeneralGeneral Manager Manager — - SCL Civil —- EWL, EWL, I I reported reported toto Mr.Mr. TMTM Lee,Lee, thethe thenthen General ManagerManager- —SCL SCL and and Head Head ofE&Mof E&M Construction,Construction, onon project-relatedproject-related matters in respect of contractscontracts for which II waswas responsible.responsible. HavingHaving said this,this, andand asas previouslypreviously mentioned, my role insofar asas Contract 11121112 is concerned was limited toto my capacity as the CP. The General Manager responsible forfor thethe works inin Contract 11121112 at all material times was Mr. Aidan Rooney.

16.16. As II mentionedmentioned in paragraphparagraph 4 above,above, from March to August 2018 I took on thethe additional role of PMO. As PMO, my role was to provide supportsupport toto existingexisting projects, including but not limited to Contract 1112.1112. This included, among others, programming, land administration,administration, utilitiesutilities management,management, environmentalenvironmental engineering,engineering, and generalgeneral project administration.

B4/1855-1869 B4/1870-1885 17.17. I was responsible forfor fulfilling the requirements asas thethe CPCP underunder thethe IoEIoE andand IoC. I will further elaborate on my role as the CPCP inin the paragraphs immediatelyimmediately below.

Site Supervision Plan /I Code of Practice forfor Site Supervision 2009

18.18. The responsibilities of the CPCP for the SCLSCL Project, including ContractContract 1112,1112, are set out in paragraph 2(b)2(b）。 offthe the IoE: B4/1859

"”...... a competentcompetent personperson ...... shallshall taketake upup thethe responsibilitiesresponsibilities and duties of Authorized Person/Registered Structural Structural Engineer,Engineer, toto co-ordinateco-ordin αte andand supervise each area of the the worksworks inin accordanceaccordance withwith thethe agreedagreed proposals, to certify the preppreparationαration of plans or documentsdocuments αandnd to的 certifycertify toto thethe relevantrelevant authorities upon completion ofof worksworks ..."... ” B4/1873-1874 19. Paragraph 2(b) of the IoC contains similar wordings:

"’. ... . a competentcompetent personperson ...... shallshall taketake upup thethe responsibilitiesresponsibilities and duties of Authorized PersonPerson and RegisteredRegistered StructuralStructural Engineer defined under thethe Buildings Ordinance (BO)(Cap(B0)(Cap 123),12勻， toto co-ordinateco-ordinate andαnd supervisesupervise each area of the works in accordance with the agreed proposals,proposals, to certify the preparationpreparation of plans or documents and to certify to the relevant authorities upon completion of works ...... "”

20. The responsibilities and duties ofof the the AuthorizedAuthorized PersonPerson andand thethe RegisteredRegistered StructuralStructural Engineer (and hence the responsibilities and duties of the CPCP forfor ContractContract 1112)1112) with regard to sitesite supervisionsupervision are setset outout inin thethe CodeCode ofof Practice Practice forfor SiteSite SupervisionSupervision 2009 B5/2676-2795 B5/2676-2795 ("CoP")(’,CoP”) issued by the BD. TheThe statedstated purposepurpose ofof thethe CoPCoP isis toto provideprovide guidanceguidance to practitioners inin the buildingbuilding industryindustry for thethe preparationpreparation ofof supervisionsupervision plans, thethe

4 60850757.1960850757.1 9 B170 execution of their respective supervision duties as well as other site supervision matters. I refer to extractsex仕acts from企om Tables 4.1 and 4.2 of the CoP as follows: B5/2686-2687 B5/2688-2689 Table 4.1 ResponsibilitiesResponsib血值的 and Duties under APAP's’s Stream

AAuthorizeduthorized Person

.• AssumingAssumingov overall前all responsibilities inin the appointmentappointment of his Representative and TCPs. .• Ensuring the fullfull implementationimplementation of thethe supervisionsupervision plan regarding his own stream.s仕e但n. Responsibilities •. Overseeing the full implementation of the supervision plan regarding the RC's stream. .• Establishing anan efficientefficient andand effectiveeffective mechanismmechanism forfor dealing with non-conformities. .■ Assessing the scale for each type of worksworks relevant to the project.proJect. .• Compiling his own part of the supervision plan. • Coordinating and submitting the supervision planplan to the . BA. Duties .■ Devising checklists of specific tasks for his TCPs. .■ Supervising his Representative and TCPs. .■ NotifyingNoti冉ring the BA ofof anyany non-conformitiesnon-conformities which pose an imminent danger,danger, oror cause aa material concernconcern forfor safety and the RC fails to rectify.recti命． .• Carrying out site inspections as necessary.

Table 4.2 Responsibilities and Duties under RSE'sRSE’s Stream

RRegisteredegistered StructuralStructural EngineerEngineer

.• Assuming overall responsibilities in thethe appointmentappoin伽1ent of his Representative and TCPs. .• Ensuring the fullfull implementationimpl臼nentation of thethe supervisionsupervision plan regarding his own steam. Responsibilities .■ Overseeing the full implementation ofof the supervisionsupervision plan regarding the RC's stream.S仕earn. .• Giving permission to the RCRC forfor carryingcarrying outout temporarytempora可 works categorised as Case 3 underunder paragraphparagraph 4.7 of this Code.

5 60850757.1960850757.19 B171

.• Compiling his own part of the supervision plan. .• Devising checklists of specific tasks for his TCPs. • Supervising his Representative and TCPs. Duties • Notifying the AP ofof anyany non-conformitiesnon-conformities which pose an imminent danger,danger, oror causecause a material concern forfor safety and the RC fails to rectify. • Carrying out site inspections as necessary.necess前y.

21. The SSPs for Contract 1112 relevant to the currentcurrent matters raised in the Letter by the Commission of Inquiry are the SSPs in relationrelation toto thethe constructionconstruction ofof thethe diaphragmdiaphragm wall, the EWL slab and the NSL slab in Hung Hom StationStation;; which have been submitted to the BD.

22. Under these SSPs, while I was the CP,CP, Mr.Mr. KitKit ChanChan waswas thethe CPCP Representative.Representative. Mr. Kit ChanChan asas thethe CPCP RepresentativeRepresentative waswas directlydirectly accountableaccountable to me, whereaswhereas all the personnel mentioned belowbelow are accountable toto me via Mr. Kit Chan.Chan. Mr. KitKit Chan'sChan's responsibilities and duties included, among others, to be directly accountable to me as the CP for the implementation of the SSP, taking overall responsibility to check on site if the safety measures required under thethe SSPSSP areare implemented,implemented, and being accountable to me as CP for the satisfactory execution of thethe specific taskstasks byby variousvarious Technically

Competent PersonsPersons (” ("TCPs").TCPs’,).

23. The TCPs were appointed to carry out their respective roles and duties as prescribed in B5/2676-2795 the CoP. All of the TCPs, including thosethose under thethe CP stream,stream, were appointed on the recommendation ofof Mr. Aidan Rooney asas theythey areare also the site personnel responsible to Mr. Rooney for the day-to-day management of Contract 1112,1112, althoughalthough I reviewed the relevant CVCVss of the TCPs to ensureensure theythey areare fitfit forfor theirtheir appointment.appointment. II havehave alsoalso devised checklists for the TCPs in accordanceaccordance with the requirements of the CoP. B5/2676-2795

B5/2697-2699 24. As CP, I was required to check a number of items under paragraph 5 (Typical Items forfor SpecificSpec ﹛丹c Tasks by TCPs)TCPs ） of。f the CoP. These included the following:

(a) Register reportsreports of non-conformitynon-conformity andand informinform relevantrelevant partiesparties ofof non-conformity.

(b) Check ththat剖 all lower grade TCPs andand RC's TCPs are making inspections no less than thethe requiredrequired frequency仕equency and carryingcarrying out dutiesduties inin accordanceaccordance with thethe Technical Memorandum and the CodeCode of Practice for SiteSite Supervision.Supervision.

(c)( c) Check and satisfy that copiescopies ofof approved approved plans (or(or submittedsubmitted plans for minor works), method statements,statements, precautionaryprecautionary andand protectiveprotective measuresmeasures proposalsproposals and all related drawings are kept onon site;site; andand thatthat theythey are缸e followed,followed, including checking the video record for demolition works, if any.

6 60850757.19 B172 (d)( d) Check that thethe designdesign andand supportssupports ofof formwork, form work, shoringshoring andand temporarytemporary working platform are缸e adequate to supportsupport all intended loads.

(e)( e) Check that there is nono riskrisk ofof artesian artesian conditionsconditions forfor excavationexcavation andand laterallateral support works.

(f)的 Check that stabilitystability and integrityintegrity of nearbynearby buildingsbuildings and groundground are notnot adversely affected.

(g) Check that the groundwatergroundwater table is consistentconsistent with designdesign ofof excavationexcavation and lateral support works.

25. In respect of Contract 1112, I would conduct monthly site walks to supervise the works, in the company of Mr. James HoHo (who(who waswas SeniorSenior ConstructionConstruction Engineer Engineer (” ("SConE")SConE”) and T5) for EWL slab constructioncons仕uction duringduring thethe majority ofof my tenure as的 CP) and Mr. Joe Tsang (who was SConE and was responsible forfor the North Approach Tunnel, the South Approach Tunnel and the stabling sidings). IfIf there were works involving geotechnical aspects (e.g. excavation), geotechnical staff would attendattend site walks together with me.

26. During the monthly site walks, the respective SConESConE would explain to me the status and issues of the various works. If there was any non-conformance, rectification would be carried out immediatelyimmediately in my presence,presence, ifif possible. possible. If immediate immediate rectificationrectification was not possible, the respectiverespective SConE would sendsend photosphotos via WhatsAppWhatsApp directly to me (but not viavia aa WhatsAppWhatsApp group)group) afterafter thethe rectificationrectification had been carriedcarried out. II wouldwould mark an "S"”S”( (satisfactory)satisfactory) on the Record ofof Specific Specific Tasks Performed by TCP under CP B5/TS40451-TS40460 B5/2676-2795 B5/TS40798-TS40807 Stream ("TCP(’,TCP Record")Record”) as required under the CoPCoP afterafter suchsuch rectification had been B5/TS41108-TS41114 confirmed. I would not look at the works in minuteminute detail, but would rely on the site inspections conducted by the TCPs under thethe CPCP Stream.Stream. This includes,includes, amongamong others, Mr. JamesJames HoHo (SConE;(SConE; T5)T5) andand hishis teamteam of of Construction Construction EngineersEngineers ("ConE"),(”ConE”), including Mr. Derek Ma (ConE(ConE I;I; T3) and Mr. Louis Kwan (ConE II;II; T3 (Alternative)). B5/TS40451-TS40460; TS40798-TS40807 TS41108-TS41114 27. In addition to conducting site inspection andand completingcompleting my own TCP Records, I would also check the TCP Records of TCPs under the CP Stream to confirm that they had duly conducted site inspection at the requisite frequencyfrequency under the CoP.B5/2676-2795

28. There were no Inspector of Works (’,("IOW")IOW’,) colleagues colleagues actingacting asas TCPsTCPs underunder thethe CPCP Stream. Generally, II would rely on thethe ConEsConEs toto liaiseliaise withwith IOWIOW colleaguescolleagues withwith respect to their duties.duties. If therethere waswas anyany issueissue whichwhich couldcould notnot bebe resolved,resolved, II wouldwould expect that the SConE or the ConEs wouldwould reportreport itit toto me. To my best recollection, no major issue ofof concern concern was reported toto meme inin relationrelation toto the issues which areare the subject matter of investigation by the Commission ofof Inquiry.Inquiry.

7 60850757.1960850757.19 B173 Quality Supervision Plan

B5/TS30707-TS30903 29. Under the acceptance letters from企om the BD, the CP is required to, among others, assign a quality control supervisor to supervise the mechanical splice works involving the use of mechanical couplers works, determine the necessary frequency企equency of inspection by the quality control supervisor, and devise inspection checklists. A Quality Supervision Plan B5/2640-2658 ("QSP")(”QSP") was submittedsubmitted to thethe BDBD priorprior toto thethe commencement commencement ofof the the mechanicalmechanical coupler works on 1212 August 2013 and signed off by the then CP, Mr. Julian Saunders.

30. When I replaced Mr. Aidan Rooney as CPCP forfor ContractContract 11121112 in FebruaryFebruary 2015,2015, the majority of the construction of the diaphragm walls had been completed or was nearing completion. Consequently, my my main main role role inin relationrelation toto thethe QSP waswas to sign off the relevant inspection-related records which formed partp缸t of the Certificate on Completion of BuildingBuilding Works Not Resulting in a NewNew BuildingBuilding oror ofof Street Street WorksWorks (BA-14)(BA. 14) submissions to the BDBD toto certifycertify thethe completion completion ofof the the diaphragm diaphragm wallswalls —- i.e. thethe B5/TS14916-TS14954 B5/TS15718.235- Quality Supervision ReportsReports ofof Coupler forfor DiaphragmDiaphragm WallWall / Barrettes (Batches(Batches 33 to 6) TS15718.267 ("QSR").(”QSR”). Mr. Kobe Wong (SIOW II)11) and Mr.Mr. TommyTommy LeongLeong (AIOW)(AIOW) had by thenthen B5/TS19680-TS19710 B5/TS23782-TS23833 already been appointed as quality control supervisors under the QSP.

31. The QSRs were compiled and had been checked andand signed off by MTRCL staff under Mr. Aidan Rooney and thethe staffstaff ofof the the mainmain contractor,contractor, LeightonLeighton ContractorsContractors (Asia)(Asia) Limited ("LCAL")(’,LCAL’,) before they were provided toto me forfor review.review. II conductedconducted a high-level checking exercise and upon being satisfied thatth前 they were supported by the relevant documents (i.e. the couplercoupler inspection checklists) and had been checkedchecked by other personnel andand been marked asas satisfactory withwith nono missing forms, II signed off the said QSRs. As mentioned in paragraph 30 above,above, thethe majoritymajority of thethe diaphragmdiaphragm walls had been constructed prior to my tenure asas CPCP forfor ContractContract 11121112 andand hence II could not personally inspect the mechanical splice works prior to signing off the QSRs even if I wanted to.

Reports and Meetings

32. As GeneralGeneral ManagerManager- — SCLSCL CivilCivil -—EWL, EWL, I Iwas was required required to to prepareprepare reportsreports and attend regular meetings, including thethe followingfollowing which are relevantrelevant toto ContractContract 1112.1112. Although I was not responsible for ContractContract 1112,1112, II was involved in the preparation of certain parts of the reportsreports referredreferred to belowbelow andand II attendedattended thesethese meetingsmeetings in my capacity as one of the GMs for the SCL Project.Pr吋 ect.

33. On a weeklyweekly basis,basis, allall ProjectPr吋 ect ManagersManagers ("PM")(”PM”) of the SCLSCL ProjectProject wouldwould prepareprepare "Weekly”Weekly Summary Reports" containing updates in relation to safety, progress and any other problems or issuesissues arising.arising. Mr. AidanAidan RooneyRooney wouldwould alsoalso commentcomment on thethe "Weekly”Weekly Summary Reports"Reports” before they were submittedsubmitted to Dr. Philco Wong (Projects(Projects Director) andand Mr.Mr. TMTM LeeLee (General(General Manager Manager- — SCLSCL and HeadHead of E&M Construction). I was copied in on the reports relating to Contract 11121112 prepared by Mr. Aidan Rooney

8 60850757.1960850757.19 B174 in my capacity asas GeneralGeneral Manager Manager- — SCL Civil —- EWL EWL as as these these reports reports werewere circulatedcirculated to all GMs.

34.34. An internalinternal "Monthly”Monthly SCLSCL ProjectPr吋 ect Progress Report"Report” would be preparedprepared byby variousvarious MTRCL personnel on a monthly basis. It would set out updates for each contract under the SCL ProjectPr吋 ect (including(including Contract 1112)1112) in relationrelation toto safety,safety, progress,progress, stakeholderstakeholder management, environment, quality and any other problems and issues.

35. Sections of the internal "Monthly”Monthly SCL Project Progress Report"Report” would be drafted by the ConstructionConstruction ManagerManager ("CM")(”CM”) for eacheach contractcontract andand subsequentlysubsequently consolidatedconsolidated into a draft report which coveredcovered the whole of the SCL Project. The draft report would then be passedpassed ontoonto thethe respectiverespective responsibleresponsible GMsGMs oror PMsPMs (where(where applicable)applicable) forfor comments onon the areaarea forfor whichwhich theythey werewere responsible.responsible. WeWe wouldwould submitsubmit ourour comments to the Coordination Team ofofMTRCL, MTRCL, andand they would thenthen incorporateincorporate and consolidate our comments and compilecompile aa finalisedfinalised "Monthly’,Monthly SCLSCL ProjectProject ProgressProgress Report"Report” for internal use. The finalisedfinalised "Monthly”Monthly SCLSCL Project Progress Report"Report" would be submittedsubmitted to Dr.Dr. PhilcoPhilco WongWong (Projects(Projects Director)Director) and Mr.Mr. TMTM LeeLee (General(General Manager -—SCL SCL and and HeadHead ofof E&M Construction) forfor review. This would then be circulated to the attendees of the SCL Project Progress Meeting for discussion.

36. ApartAp缸t from preparing the reports mentioned inin paragraphs 3333 toto 35 above,above, I alsoalso attended the following meetings which are relevant to Contract 1112:

(a) Monthly Co-ordinationCo-ordination Meeting with BD,BD, RailwayRailway DevelopmentDevelopment OfficeOffice ("RDO")（’， RD。”） and GeotechnicalGeotechnical Engineering Office.Office. II attended these meetings in the capacity of CP. Representatives from企om thethe BD would alsoalso attend.attend. Updates in relation to thethe SCLSCL Project,Project, suchsuch asas generalgeneral sitesite progress,progress, submissionssubmissions to be made to thethe RDORDO oror thethe BD,BD, andand achievementachievement ofof key key performanceperformance indicators,indicators, would be discussed at the meeting.

(b) Senior ManagementManagement CommunicationCommunication Meeting (biweekly).(biweekly). These meetings were chairedchaired byby Mr.Mr. TMT扎1 LeeLee (General(General ManagerManager —- SCL and Head of E&ME&M Construction) andand concernedconcerned the wholewhole SCLSCL Project. II attendedattended thesethese meetings in my capacitycapacity as as GeneralGeneral Manager Manager — - SCLSCL CivilCivil —- EWL.EWL. TheseThese meetingsmeetings were attended by GMs, PMs, CMs,Cl\缸， DesignDesign Managers,Managers, andand variousvarious lineline managers.managers.

(c) SCL Project Progress Meeting (monthly). GMs and PMs (or CMs deputising for PMs) andand personnelpersonnel fromfrom otherother relevantrelevant departments,departments, suchsuch asas thethe ProjectPr吋 ect Management Office, ProjectProject EngineeringEngineering DepartmentDepartment andand OperationsOp前ations DepartmentDep缸tment of MTRMTRCL; CL; representatives ofof thethe HighwaysHighways DepartmentDepartment (” ("HyD");HyD"); and their consultant Pypun Engineering Consultants Limited ("Pypun")(’,Pypun”) would attend these meetings to review andand discussdiscuss the MonthlyMonthly SCLSCL ProjectProject Progress Report.

9 60850757.1960850757.19 B175 (d)(d) PIMS Steering Group Meetings (irregular).(irregular). II attended these meetings in my capacity as GeneralGeneral ManagerManager —- SCLSCL Civil —- EWL, EWL, alongalong withwith GMs of allall MTRCL'sMTRCL’s projects includingincluding projectsprojects otherother thanthan the SCLSCL Project.Project. TheseThese meetings were originally chaired by Dr.Dr. PhilcoPhilco WongWong (Projects(Projects Director),Director), andand subsequently chaired byby me. We mainlymainly reviewedreviewed and discusseddiscussed thethe qualityquality performance and the continuingcontinuing suitability,suitability, adequacyadequacy and effectivenesseffectiveness of MTRCL's Project Integrated Management SystemSystem ("PIMS"),(”PIMS”), to ensureensure PIMS was compliant with ISO9001IS09001 standards, andand whether any changeschanges to PIMS were required for its continuous improvement.

(e) SCL ProjectProject SupervisionSupervision CommitteeCommittee Meeting.Meeting. I attended these meetings in my capacitycapacity asas GeneralGeneral ManagerManager — - SCLSCL CivilCivil —- EWL,EWL, togethertogether with (among others) Dr.Dr. PhilcoPhilco WongWong (Projects(Projects Director),Director), Mr. Mr. TMTM Lee Le(? (General (General Manager Manager — - SCL and HeadHead ofof E&ME&M Construction)Construction) andand representativesrepresentatives from the HyDHyD andand their consultantconsultant Pypun, and representativesrepresentatives from企om the TransportTransport andand HousingHousing Bureau. I understandunderstand that suchsuch meetingsmeetings are缸e requiredrequired underunder thethe EntrustmentEntrustment G7/5595-5714 Agreement betweenbetween GovernmentGovernment and and MTRCL.MTRCL. We We would reportreport toto Government on the overall progress and costcost controlcontrol issues ofof the the SCLSCL Project, covering various contracts (including Contract 1112).1112).

(f) Public Relations Task GroupGroup MeetingMeeting (monthly).(monthly). I attended these meetings my capacity asas GeneralGeneral Manager Manager — - SCL CivilCivil —- EWL. EWL. Representatives Representatives 企fromom the HyD would also attend. We mainly discussed issues relating to communications with locallocal stakeholders,stakeholders, i.e.i.e. those who mightmight be affectedaffected byby thethe on-goingon-going construction works at the sites of different contracts.

(g) Commissioning CommitteeCommittee Meeting.Meeting. I attendedattended thesethese meetingsmeetings in mymy capacity as GeneralGeneral ManagerManager —- SCL CivilCivil —- EWL. The GMsGMs discusseddiscussed commissioning activities and any issues related to the commissioningcommissioning ofof a new railway with representatives from the Operations Division.

(h) Projects DirectorDirector CommunicationsCommunications MeetingMeeting (biweekly).(biweekly). These meetingsmeetings were chaired by Dr. Philco Wong (Projects(Projects Director).Director). II attendedattended in my capacity as GeneralGeneral ManagerManager — - SCLSCL Civil —- EWL. EWL. Dr. Dr. Philco Philco WongWong wouldwould discuss with the PMsPMs andand GMsGMs thethe CEO'sCEO's communicationscommunications toto the Projects DirectorDirector on general corporate matters as well as on matters relating to different projects.

(i) Projects Division Leadership MeetingsMeetings (biweekly).(biweekly). II attended these meetings (chaired by Dr.Dr. PhilcoPhilco WongWong (Projects(Pr，吋 ects Director))Director)) inin mymy capacitycapacity asas GeneralGeneral Manager —- SCL SCL CivilCivil -—EWL, EWL, together together with with other other GMs.GMs. WeWe discussed human resources issues and anyany importantimportant issueissue from企om a ahigh-level high-level management management perspective.

旬，且nu 10 60850757.1960850757.19 B176 37.3 7. The above reports and meetings were not specificspecific toto ContractContract 1112,1112, but coveredcovered the whole of the SCL Project. As such, although matters related to Contract 1112 would be mentioned in the reports and meetings 企fromom time toto time,time, mymy involvementinvolvement in thesethese reports and meetingsmeetings was mainlymainly inin relationrelation toto mattersmatters concerningconcerning thethe contractscontracts managed byby meme inin my my capacity capacity as as General General Manager Manager — - SCLSCL CivilCivil —- EWLEWL andand also my role as the CP for the several contracts mentioned above at paragraph 11.

Item 5: Describe and explain the steps,steps‘ procedures andand timelinetimeline in the constructionconstruction and completion of the steel fixingfix.in!! works in thethe diaphragmdiaphra2:m wallswalls andand platformplatform slabs.slabs. WithWith reference to the saidsaid steps,steos. procedures。rocedures andand timeline,timeline‘ pleaseplease describedescribe andand explainexplain the曲e respective 1·0Iesroles andand involvementinvolvement ofof thethe Government.,Government‘ Your Company,Comoanv‘ Leighton,Lei2hton‘ FangFan2: Sheung,Sheun2:‘ Intrafor and ChinaChina TechnologyTechnolo!!V and elaborateelaborate on thethe interactioninteraction andand relationship betweenbetween YourYour ComvanvCompany and and thesethese partiesparties onon site and onon aa day-to-daydav-to-dav workingworkin!! basis.

38. Please refer to paragraphs 25 to 31 and 36 above.

Item 8(a):8個）： Explain and confirmconfirm whether Your CompanyComoanv has anyanv knowledgeknowled2e of thethe Defective Steel Works (whether undertakenundertakeD bybv LeightonLei2:hton and/orand/or its sub-contractors) and if so,so 司 identifyiden.tifv and describe the relevantrelevant events and occasions.occasions·. Please describe the defects,defects. explainexolain 詛in whatwhat wayswavs Requirements,Reauirements 司 Standards and PracticePractice had beenbeen breachedbreached andand provide particularsParticulars of such events and occasions (with reference to plansnlans and drawings,drawin恥 photographsohoto2raohs and documents as necessarynecessarv and appropriate),aporooriate). includingincludin2 but not limited tot。 由thee dates,dates‘ time,time‘ locations,_locations‘ number number of of steelsteel barsbars affected and the equipmenteauipment used toto shorten or cut the steel bars.

39. I did not hear of the allegedalleged Defective Steel Works untiluntil MTRCL received an enquiry from企om Apple Daily on 29 May 2018 asking for detailsdetails inin relationrelation to thethe allegationallegation of shortened steel bars.

40.40. Daily or regular supervisionsupervision and inspection on site are carried out by my IOWIOW andand ConE colleagues. I received no report from企om anyany ofof my colleaguescolleagues working under me in my role as CP regarding any Defective Steel Works.

41.41 . In addition, I have not observed any Defective Steel Works myself during my monthly site walks.

B10/7456-7460 42. I did not receive the email sent by Mr. Kobe WongWong toto LCALLCAL dated 1515 December 2015 regarding thethe cutting ofof the threaded end of thethe steelsteel bars.bars. ThisThis emailemail waswas onlyonly forwarded to me for my information in oror aroundaround latelate MayMay to earlyearly June 2018, afterafter the media reports about the cutting of steel bars had appeared.

B10/7528-7531 43. I am now aware that Mr. Jason Poon sent an email toto (among(among others) LCAL raising the issue of the alleged Defective Steel Works onon 66 JanuaryJanuary 2017. II do not recall receiving

11 60850757.1960850757.19 B177 this email at the relevant time, and I was notnot mademade awareaware ofof itit untiluntil earlyearly JuneJune 2018,2018, after the media reports had appeared.appeared. In or aroundaround JanuaryJanuary 2017, I heardheard fromfrom Mr.Mr. Aidan Rooney that ChinaChina TechnologyTechnology CorporationCorporation LimitedLimited ("China(’,China Technology")Technology”) was "being”being unscrupulous",unscrupulous”, which I believed he waswas referringreferring toto somesome commercialcommercial disputes between China Technology and LCAL. However, at that time, I did not know of the details of the email.

44. I amam nownow awareaware thatthat subsequentsubsequent toto Mr.Mr. Poon'sPoon’s email,email, Mr.Mr. CarlCarl WuWu (Coordination (Coordination Manager) conducted aa qualityquality assuranceassurance review ofof ContractContract 1112 in JanuaryJanuary toto B7/4516-4520 February 2017, and furthermore that LCAL prepared its Review of EWL SlabSlab RebarRebar B7/4147-4515 Installation and Checking Procedure dated 1010 February 2017.2017. However, II was not made aware of such developments at that time.

Item 11(b):ll(b): Please identify the personPerson or persons responsibleresponsible for preparingoreparin2: the MTRCL EReport.盟且L B10/7644-7645 45.45 . I understand that the RDO sent a letterletter dateddated 3131 MayMay 20182018 toto MTRCLMTRCL requestingrequesting a report on the allegedalleged DefectiveDefective Steel Works. That letterletter waswas addressedaddressed to Dr.Dr. PhilcoPhilco Wong (Projects Director) and circulated to me, amongst others.

Tab G1 46. In addition,addition, a letterletter dateddated 11 JuneJune 20182018 waswas subsequently subsequently receivedreceived from企om thethe BD requesting a report on thethe allegedalleged Defective SteelSteel WorksWorks reportedreported in thethe media. That letter was addressed to me, as I was the CP forfor Contract 1112.1112.

47. Upon receipt of the secondsecond letter,letter, I requestedrequested Mr.Mr. AidanAidan Rooney,Rooney, who was the GMGM responsible for Contract 1112,1112, to co-ordinate the productionproduction ofof thethe requestedrequested report to the BD. ItIt waswas laterlater decideddecided thatthat onlyonly oneone reportreport wouldwould bebe preparedprepared andand wouldwould be submitted to the RDO and the BD at the same time.

48.48 . A draft version of the report was prepared by Mr. AidanAidan RooneyRooney andand Mr. Carl Wu on 4 June 2018. I reviewed the report from企om aa stylistic pointpoint ofof view view andand foundfound that it was too technical for laypeople toto understand, asas II anticipated thatthat thethe finalfinal version of this report would be disclosed to the public. Furthermore,Furthermore, I noted that it did not cover the issue of LCAL'sLCAL’s liabilities. I therefore suggested the report bebe amendedamended accordingly.

49.49. Due to my limited direct involvement in Contract 1112,1112, mymy input on the final version of the report was mainly inin relationrelation toto thethe paragraphsparagraphs onon thethe applicationapplication of thethe IoEIoE toto Contract 1112. To my understanding, the substantial draftingdrafting ofof the report was done by colleagues from企om various different teams within MTRCL,MTRCL, includingincluding the Projects Team,Team, the Coordination Team and the Legal DepDepartment.訂tment.

1212 60850757.1960850757.19 B178 Item 11(d):ll(d): ConfirmConfirm whetherwhether YourYour CompanyCompanv hashas anyanv additionaladditional informationinformation andand materials to supplementsuoolement the MTRCL ReoortReport and if so,so. pleaseolease adduceadduce suchsuch additionaladditional information and materials bybv waywav of a supplemental report.

50. I did not know about the changechange inin constructionconstruction detailsdetails from企om couplerscouplers to throughthrough bars until early July 2018, when Dr. PhilcoPhilco Wong (Projects(Projects Director) mentioned to me that Mr. James Ho (SConE) showed him a number of sitesite photosphotos showing a section of the diaphragm wall where no couplers were used in somesome ofof thethe connectionsconnections between the diaphragm wall and the EWL slab.

51. On or around 55 JulyJuly 2018,2018，孔 Mr.fr. TMTM LeeLee (General (General Manager Manager- — SCL and Head ofofE&M E&M Tab J1 Construction) received a letter from企om the RDO to MTRCL dated 4 July 2018 requesting MTRCL's confirmationconfirmation on on thethe structuralstructural safetysafety ofof the EWL slab. This letterletter waswas forwarded to me by Mr. TM Lee for my informationinformation;; however, II was not involved in the drafting of the response to the letter nor the preparation ofof thethe drawings to be attached to the response. As such, II diddid notnot learnlearn ofof the the extentextent ofof the the changechange inin constructionconstruction details until I received a copy of the response letter issued by MTRCLMTRCL to the RDO dated B1/69-73 1313 July 2018, to which several drawings showing the change were attached.

52. At the material times, I waswas notnot informedinformed of thethe changechange inin constructioncons仕uction details in the Ceast品t diaphragm wall. For day-to-day site supervision and inspection,inspection，的 as CP I relied on the TCPsTCPs under me toto ensureensure thethe worksworks hadhad beenbeen carriedcarried outout properly.properly. I hadhad notnot received any report from my TCPs regarding the change in construction details referred to in paragraph 50 above, nor was I informed of any such change in construction details by Mr. Andy Leung (Design Manager) or Mr. Kit ChanChan (Construction(Construction Manager).

53. I was aware of and did see the trimming of the east diaphragm wall during my monthly site walks back in 2015 andand 2016.2016. I raisedraised queries with the staff on site when I firstfirst observed the trimming. I was told that the trimming was to rectify defects at the top of the diaphragm wall from the casting of the concrete. Such trimming was common when the diaphragm wall was constructedconstructed using thisthis typetype ofof construction construction methodologymethodology (i.e.(i.e. using tremie concrete) and thus I did not raise further queries.

54. As mentioned in pparagraph缸agraph 13 above, in my role as thethe CPCP forfor ContractContract 1112,1112, I was responsible for signing off on submissions to the BD. II duly certified the preparation of the BA-14 submissions for the diaphragm B5/TS8962-TS15718 the BA-14 submissions for the diaphragm wall (Batches 3 to 6). B5/TS15718.224-TS15718.2927 B5/TS15841-TS20066 55. In making such submissions, II would rely on my colleagues inin theB5/TS20199-TS25224 Design Management Team (in respect of the as-built drawingsdrawings of the diaphragm wallswalls submittedsubmitted to MTRCL by LCAL)LCAL) and the ConstructionConstruction ManagementManagement Team (in checkingchecking that the works had actually been completed in accordanceaccordance with thethe as-builtas-built drawings).drawings). Although I would review the drawings before signing offoff on the BA-14BA-14 submissions,submissions, atat the stage of making thethe BA-14 submissions, I I was not personallypersonally awaware缸e ofof thethe changechange inin construction details referred to in paragraph 50 above.

1313 60850757.1960850757.19 B179 Item 12(c): identify the supervisorssupervisors and persons in YourYour CompanyCompany andand LeightonLeighton whowho carried out the inspections.

56. Please refer to paragraphs 26 and 30 above.

57. Finally, I would like to mention the following:

(a)（吋 The events in question and which form the subject matter of the Commission of Inquiry took place several years ago and my recollection of every detail is notnot therefore perfect..

(b) Accordingly,Accordingly, in preparing this witness statement I have reminded myself of the events in question by reference to various hard copy and electronic documents and materials,materials, includingincluding contemporaneouscontemporaneous emailemail correspondence,co叮espondence , meetingmeeting minutes and contractualcontractual documents andand other records.records. II understandunderstand thesethese materials were retrieved by MTRCL's Legal Department, with the assistance of thetheMTRCL MTRCL's’s external lawyers, Mayer Brown.

(c) The hard copycopy documents were: (1) extracted 企fromom physical files kept at the Hung HornHom site office or the HungHung HomHom mainmain officeoffice ofof MTRCL;MTRCL;( (2)2) printed from企om the MTRCL'sMTRCL’s "Electronic”Electronic Project Management System" (ePMS(ePMS);); or, (3)(3) printed from企om other electronicelectronic sources in response to thethe mattersmatters specificallyspecifically raised by the CommissionCommission of Inquiry or matters which were discussed in the course of preparing this witness statement.

(d)( d) I understandunderstand thatthat MTRCL'sMTRCL ’s LegalLegal DepartmentDepartment andand externalexternal lawyerslawyers havehave recently established a databasedatabase usingusing softwaresoftware namednamed Relativity which hashas captured a large amount of data from企om hard disk drives,drives, including some of those that stored my emails and other electronic documents for the relevant period. I understand that they have commencedcommenced the processprocess ofof identifyingidentifying specificallyspecifically relevant documents byby use of search terms and date ranges and that this is an ongoing process due to a large volume of data. I have been given some of the documents identified from企om Relativity during the last week or so and commented on these inin appropriate sections of this statement.

(e)( e) I would like to add, therefore,therefore, that there may be matters referred to or stated in other documents which have not been recently placed before me. To that extent, I would be happy to comment on any such other materials at a later date if and when identified and placed before the Commission of Inquiry.

Dated 13th September 2018

ONGIIIPFung

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