# Competition Ordinance/Schedule 8

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Consequential and Related Amendments
PART 1 Amendments to Companies Ordinance
1. Register of disqualification orders
(1) Section 168R(5) of the Companies Ordinance (Cap. 32) is amended, in the definition of “court”—
    (a) in paragraph (b), by repealing “and”;
    (b) in paragraph (c), by adding “and” at the end;
    (c) by adding—
       “(d) the Competition Tribunal established by section 134 of the Competition Ordinance (14 of 2012);”.
(2) Section 168R(5) is amended, in the definition of “disqualification order”—
    (a) in paragraph (b), by repealing “or” at the end;
    (b) in paragraph (c), by adding “or” at the end;
    c) by adding—
       “(d) section 101 of the Competition Ordinance (14 of 2012);”.
PART 2 Amendments to Companies (Disqualification Orders) Regulation
2. Officers of court to furnish particulars to Registrar
Section 3(1) of the Companies (Disqualification Orders) Regulation (Cap. 32 sub. leg. I) is amended by adding—
    “(ab) if a disqualification order is made by the Competition Tribunal established by section 134 of the Competition Ordinance (14 of 2012), the Registrar of the Tribunal;”.
3. Schedule 1 amended
Schedule 1 is amended, in Form D.O. 1, by repealing item (1) and substituting—
    “(1) Section of the Companies Ordinance (“CO”), the repealed Securities (Insider Dealing) Ordinance (“SIDO”), the Securities and Futures Ordinance (“SFO”) or the Competition Ordinance (“ComO”) under which the order was made$^†$—
    Section 168E of CO Section 168F of CO Section 168G of CO Section 168H of CO Section 168J of CO Section 168L of CO Section 23(1)(a) of SIDO Section 24(1) of SIDO Section 214(2)(d) of SFO Section 257(1)(a) of SFO Section 258(1) of SFO Section 303(2)(a) of SFO Section 101 of ComO ”.
​4. Schedule 3 amended
Schedule 3 is amended, in Form D.O. 3, by repealing “or the Securities and Futures Ordinance (Cap. 571)” and substituting “, the Securities and Futures Ordinance (Cap. 571) or the Competition Ordinance (14 of 2012)”.
PART 3 Amendments to Judicial Officers Recommendation Commission Ordinance
5. Judicial office
(1) Schedule 1 to the Judicial Officers Recommendation Commission Ordinance (Cap. 92) is amended by adding—
    “President, Competition Tribunal
    Deputy President, Competition Tribunal
    Member, Competition Tribunal”
after—
    “Recorder of the Court of First Instance”.
(2) Schedule 1 is amended by adding—
    “Registrar of the Competition Tribunal
    Senior Deputy Registrar, Competition Tribunal
    Deputy Registrar, Competition Tribunal”
after—
    “Assistant Registrar, High Court”.
PART 4 Amendments to Telecommunications Ordinance
6. Interpretation
(1) Section 2(1) of the Telecommunications Ordinance (Cap. 106) is amended by repealing the definitions of “associated corporation”, “associated person”, “control” and “relative”.
(2) Section 2(1) is amended, in the definition of “dominant position”, by repealing “section 7L” and substituting “section 7Q”.
(3) Section 2(1) is amended, in the definition of “telecommunications market”, by repealing “or customer equipment or services” and substituting “telecommunications services, or customer equipment”.
​7. Powers of Authority in relation to services with places outside Hong Kong
Section 6B is repealed.
8. Guidelines
(1) Section 6D(2)(aa) and (2A) is repealed.
(2) Section 6D(4)(a) is amended by repealing “section 7L(2)” and substituting “section 7Q(2)”.
9. Anti-competitive practices
Section 7K is repealed.
10. Abuse of position
Section 7L is repealed.
11. Non-discrimination
Section 7N is repealed.
12. Authority may regulate changes in relation to carrier licensees
Section 7P is repealed.
13. Section 7Q added
The following is added—
    “7Q. Exploitative conduct
    (1) A licensee in a dominant position in a telecommunications market must not engage in conduct that in the opinion of the Authority is exploitative.
    (2) A licensee is in a dominant position if, in the opinion of the Authority, it is able to act without significant competitive restraint from its competitors and customers.
    (3) In considering whether a licensee is dominant, the Authority must take into account relevant matters including, but not limited to—
       (a) the market share of the licensee; ​
       (b) the licensee’s power to make pricing and other decisions;
       (c) any barriers to entry to competitors into the relevant telecommunications market;
       (d) the degree of product differentiation and sales promotion;
       (e) any other relevant matters specified in guidelines issued under section 6D for the purposes of this section.
    (4) Without limiting subsection (1), the Authority may consider the following conduct to be exploitative—
       (a) fixing and maintaining prices or charges at an excessively high level; and
       (b) setting unfair trading terms and conditions,
    for or in relation to the provision of interconnection of the type referred to in section 36A(3D).”.
14. Part VC heading amended
The heading of Part VC is amended by repealing “7K, 7L, 7M, 7N and 7P” and substituting “7M and 7Q”.
15. Interpretation
(1) Section 32L is amended, in the definition of “appeal”, by repealing “, (1A), (1B) or (1C)”.
(2) Section 32L is amended, in the definition of “appeal subject matter”, in paragraph (a)(i), by repealing “7K, 7L, 7M or 7N” and substituting “7M or 7Q”.
(3) Section 32L is amended, in the definition of “appeal subject matter”, by repealing paragraph (b).
16. Appeals to Appeal Board
(1) Section 32N(1)(a)(i) is amended by repealing “7K, 7L, 7M or 7N” and substituting “7M or 7Q”.
(2) Section 32N(1A), (1B) and (1C) is repealed.
(3) Section 32N(3) is amended by repealing “subsection (1A), (1B) or (1C) or”.
17. Procedure and powers of Appeal Board, etc.
Section 32O(2) is amended by repealing “, or before the opinion, direction or decision referred to in section 32N(1A), (1B) or (1C) was formed, issued or made, as the case may be”.
​18. Remedies
Section 39A(1) is amended by repealing “7K, 7L, 7M or 7N” and substituting “7M or 7Q”.
19. Matters to be taken into account by Authority
Schedule 2 is repealed.
20. Specified amount
Schedule 3 is repealed.
PART 5 Amendments to Prevention of Bribery Ordinance
21. Public bodies
Schedule 1 to the Prevention of Bribery Ordinance (Cap. 201) is amended by adding—
    “123. Competition Commission.”.
PART 6 Amendments to Broadcasting (Miscellaneous Provisions) Ordinance
22. Interpretation
(1) Section 2 of the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391) is amended, in the Chinese text, in the definition of “廣播投訴委員會”, by repealing “會。” and substituting “會；”.
(2) Section 2 is amended by adding—
    ““Commission” (競委會) means the Competition Commission established by section 129 of the Competition Ordinance (14 of 2012);”.
23. Consideration of complaints by the Complaints Committee
Section 11(2)(a) is repealed and the following substituted— ​
    “(a) any matter in respect of which the Authority may, under Part 11 of the Competition Ordinance (14 of 2012), perform concurrently with the Commission the functions of the Commission under that Ordinance; or”.
24. Consideration of complaint that a licensee has contravened section 13(1) or 14(1) of Broadcasting Ordinance
Section 11A is repealed.
PART 7 Amendments to The Ombudsman Ordinance
25. Organizations to which this Ordinance applies
Part I of Schedule 1 to The Ombudsman Ordinance (Cap. 397) is amended by adding—
    “Competition Commission.”.
PART 8 Amendments to Broadcasting Ordinance
26. Interpretation
Section 2(1) of the Broadcasting Ordinance (Cap. 562) is amended by repealing the definition of “dominant position”.
27. Guidelines
Section 4(2)(c) and (3) is repealed.
28. Prohibition on anti-competitive conduct
Section 13 is repealed.
29. Prohibition on abuse of dominance
Section 14 is repealed.
​30. Provisions supplementary to sections 13 and 14
Section 15 is repealed.
31. Notice to licensee to cease certain conduct
Section 16 is repealed.
32. Confidential matter to be safeguarded
(1) Section 27(1) is amended by repealing “subsection (2)” and substituting “subsections (1A) and (2)”.
(2) Section 27 is amended by adding—
       “(1A) Subsection (1) does not apply to any information that is furnished, or any data, book, document or record that is produced, to the Authority under the Competition Ordinance (14 of 2012).”.
33. Licensee to pay financial penalty
Section 28(4) is repealed.
34. Suspension of licence
Section 31(2)(a)(ii)(A) is repealed.
35. Revocation of licence
Section 32(4)(a)(ii)(A) is repealed.
36. Regulations
Section 42(4) is repealed.
PART 9 Amendments to Communications Authority Ordinance
37. Functions of Authority
Section 4 of the Communications Authority Ordinance (Cap. 616) is amended by adding— ​
       “(1A) The Authority has all the functions conferred on it by or under Part 11 of the Competition Ordinance (14 of 2012).”.