Page:Competition Ordinance (Cap. 619).pdf/72

(3) A specified person who contravenes subsection (1) commits an offence and is liable—

(a) on conviction on indictment, to a fine of $1,000,000 and to imprisonment for 2 years; or

(b) on summary conviction, to a fine at level 6 and to imprisonment for 6 months.

(4) It is a defence for a person charged with an offence under this section to show that at the time of the alleged offence the defendant—

(a) believed that there was lawful authority for the disclosure of the information concerned and the defendant had no reasonable cause to believe otherwise; or

(b) did not know and had no reasonable cause to believe that the information disclosed was confidential information.

126. Disclosure with lawful authority

(1) Disclosure of confidential information is to be regarded as made with lawful authority if the disclosure is made—

(a) subject to section 127, with the required consent, as specified in subsection (2);

(b) subject to subsection (3), in the performance of any function of the Commission or in carrying into effect or doing anything authorized by this Ordinance;

(c) in accordance with an order of the Tribunal or any other court or in accordance with a law or a requirement made by or under a law;

(d) in connection with judicial proceedings arising under this Ordinance;

(e) for the purpose of obtaining advice from counsel, a solicitor or other professional adviser acting or proposing to act in a professional capacity in connection with any matter arising under this Ordinance;

(f) with a view to the bringing of, or otherwise for the purposes of, any criminal proceedings, or any investigation carried out under the laws of Hong Kong, in Hong Kong;

(g) with respect to information that has already been lawfully disclosed to the public on an earlier occasion; or

(h) by one competition authority to another.

(2) The consent required for the purposes of subsection (1)(a) is—

(a) if the information was obtained from a person who had the information lawfully and the Commission knows the identity of that person, the consent of that person;