Page:Competition Ordinance (Cap. 619).pdf/14

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COMPETITION ORDINANCE
Ord. No. 14 of 2012
A1349

“company” (公司), in addition to the meaning given by section 2(1) of the Companies Ordinance (Cap. 32), includes a “non-Hong Kong company” within the meaning of that Ordinance and a company registered under Part IX of that Ordinance;

“company secretary” (公司秘書) includes any person occupying the position of company secretary, by whatever name called;

“competition authority” (競爭事務當局) means—

(a) the Commission; or
(b) the Communications Authority;

“competition matter” (競爭事宜) means any matter involving or having a connection with—

(a) a contravention or alleged contravention of a competition rule; or
(b) any decision relating to a competition rule, that has been made or is to be made under this Ordinance;

“competition rule” (競爭守則) means—

(a) the first conduct rule;
(b) the second conduct rule; or
(c) the merger rule;

“conduct” (行為) means any conduct, whether by act or omission;

“conduct rule” (行為守則) means—

(a) the first conduct rule; or
(b) the second conduct rule;

“confidential information” (機密資料) has the meaning given by section 123;

“contract of employment” (僱傭合約) means any agreement, whether in writing or oral, express or implied, under which one person (an “employer”) agrees to employ another and that other agrees to serve the employer as an employee, and also includes a contract of apprenticeship;

“director” (董事) includes any person occupying the position of director or involved in the management of a company, by whatever name called, and includes a shadow director;

“document” (文件) includes information recorded in any form;

“first conduct rule” (第一行為守則) has the meaning given by section 6;

“functions” (職能), except in section 130, includes powers and duties;

“funds of the Commission” (競委會資金) means the funds of the Commission, as specified in section 21 of Schedule 5;

“Government” (特區政府) does not include a company that is wholly or partly owned by the Government;

“information” (資料) includes information contained in a document;

“infringement notice” (違章通知書) means an infringement notice issued under section 67(2);

“investigation” (調查) means an investigation conducted under Part 3;