Competition Ordinance/Part 9

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PART 9
Competition Commission

Division 1—Establishment, Functions and Powers

129. Establishment of Commission

(1) There is established, by virtue of this section, a body to be known as the Competition Commission.

(2) The Commission is a body corporate and may—

(a) acquire, hold and dispose of movable and immovable property;

(b) sue and be sued in its own name; and

(c) so far as is possible for a body corporate, exercise all the rights

and powers, enjoy all the privileges and incur all the liabilities of a natural person of full age and capacity.

(3) Schedule 5 (which contains constitutional, administrative and financial provisions) has effect with respect to the Commission.

130. Functions of Commission

The Commission has the following functions—

(a) to investigate conduct that may contravene the competition rules and enforce the provisions of this Ordinance;

(b) to promote public understanding of the value of competition and how this Ordinance promotes competition;

(c) to promote the adoption by undertakings carrying on business in Hong Kong of appropriate internal controls and risk management systems, to ensure their compliance with this Ordinance;

(d) to advise the Government on competition matters in Hong Kong and outside Hong Kong;

(e) to conduct market studies into matters affecting competition in markets in Hong Kong; and

(f) to promote research into and the development of skills in relation to the legal, economic and policy aspects of competition law in Hong Kong.

131. Powers of Commission

(1) The Commission may do all such things as appear to it to be necessary, advantageous or expedient for it to do for, or in connection with, the performance of its functions.

(2) Without limiting the scope of subsection (1), the Commission may—

(a) make, give effect to, assign or accept the assignment of, vary or rescind any agreement;

(b) receive and spend money;

(c) with the approval of the Financial Secretary, borrow money;

(d) invest funds of the Commission that are not immediately required, in a manner approved by the Financial Secretary;

(e) with the approval of the Chief Executive, become a member or affiliate of any international body, whose functions or objects include the promotion of competition or competition law.

Division 2—Relationship to Government

132. Commission not servant or agent of Government

The Commission is not a servant or agent of the Government and does not enjoy any status, immunity or privilege of the Government.

133. Personal immunity of members of Commission etc.

(1) A person to whom this subsection applies is not personally liable for anything done or omitted to be done by the person in good faith in the performance or purported performance of any function of the Commission under this Ordinance.

(2) The persons to whom subsection (1) applies are—

(a) members of the Commission;

(b) any person who is an officer or employee of the Commission;

(c) any person who is a member of any committee of the Commission; and

(d) any person who is performing any service for the Commission under a contract of services.

(3) The protection conferred by subsection (1) does not affect any liability of the Commission for the act or omission.