### Competition Ordinance 《競爭條例》

90. Interpretation
In this Part—
disqualification order (取消資格令) means an order made by the Tribunal under section 101 disqualifying a person from being a director of a company or from otherwise being concerned in the affairs of a company;
pecuniary penalty (罰款) means a pecuniary penalty ordered to be paid, under section 93.

91. Persons involved in contravention of competition rule
A reference in this Part to a person being involved in a contravention of a competition rule means a person who—
(a) attempts to contravene the rule;
(b) aids, abets, counsels or procures any other person to contravene the rule;
(c) induces or attempts to induce any other person, whether by threats or promises or otherwise, to contravene the rule;
(d) is in any way, directly or indirectly, knowingly concerned in or a party to the contravention of the rule; or
(e) conspires with any other person to contravene the rule.

92. Commission may apply for pecuniary penalty
(1) If, after carrying out such investigation as it considers appropriate, the Commission considers it appropriate to do so, it may apply to the Tribunal for a pecuniary penalty to be imposed on any person it has reasonable cause to believe—
(a) has contravened a competition rule; or
(b) has been involved in a contravention of a competition rule.
(2) An application under subsection (1) may not be made—
(a) in the case of an application with respect to a contravention of the merger rule, more than 6 months after the day on which the merger was completed or the Commission became aware of the merger, whichever is the later; or
(b) in the case of an application with respect to a contravention of a conduct rule, more than 5 years after the day on which the contravention ceased or the Commission became aware of the contravention, whichever is the later.

### Competition Ordinance 《競爭條例》

93. Tribunal may impose pecuniary penalty
(1) If the Tribunal is satisfied, on application by the Commission under section 92, that a person has contravened or been involved in a contravention of a competition rule, it may order that person to pay to the Government a pecuniary penalty of any amount it considers appropriate.
(2) Without limiting the matters that the Tribunal may have regard to, in determining the amount of the pecuniary penalty, the Tribunal must have regard to the following matters—
(a) the nature and extent of the conduct that constitutes the contravention;
(b) the loss or damage, if any, caused by the conduct;
(c) the circumstance in which the conduct took place; and
(d) whether the person has previously been found by the Tribunal to have contravened this Ordinance.
(3) The amount of a pecuniary penalty imposed under subsection (1) in relation to conduct that constitutes a single contravention may not exceed in total—
(a) subject to paragraph (b), 10% of the turnover of the undertaking concerned for each year in which the contravention occurred; or
(b) if the contravention occurred in more than 3 years, 10% of the turnover of the undertaking concerned for the 3 years in which the contravention occurred that saw the highest, second highest and third highest turnover.
(4) In this section—
turnover (營業額) means the total gross revenues of an undertaking obtained in Hong Kong;
year (年度) means the financial year of an undertaking or, if the undertaking does not have a financial year, a calendar year.

### Competition Ordinance 《競爭條例》

94. Other orders of Tribunal
(1) If the Tribunal is satisfied that a person has contravened, or been involved in a contravention of a competition rule, it may (whether or not it makes an order under section 93 imposing a pecuniary penalty), either of its own motion or on application made for this purpose, make any order it considers appropriate against that person, including all or any of the orders specified in Schedule 3.
(2) An application for an order under subsection (1) may not be made—
(a) in the case of an application with respect to a contravention of the merger rule, more than 6 months after the day on which the merger was completed or the Commission became aware of the merger, whichever is the later; or
(b) in the case of an application with respect to a contravention of a conduct rule, more than 5 years after the day on which the contravention ceased or the Commission became aware of the contravention, whichever is the later.
(3) Despite subsection (2)(a), the Tribunal may, on application made before the expiry of the period referred to in that subsection, extend the period within which an application under subsection (1) may be made with respect to a contravention of the merger rule if the Tribunal considers it reasonable to do so.

### Competition Ordinance 《競爭條例》

95. Interim orders
(1) Subject to subsection (2), if the Tribunal is satisfied that a person is engaged in or is proposing to engage in conduct that constitutes or would constitute a contravention of the competition rules, it may, either of its own motion or on application made for this purpose, make an interim order pending its determination of an application for an order under section 94.
(2) A person other than the Commission is not entitled to make an application under subsection (1) by reason that any other person is engaged in or is proposing to engage in conduct that contravenes or would contravene the merger rule.
(3) An interim order remains in force for the period, being a period of not more than 180 days, specified in the order, but this period may be extended by the Tribunal for a further period of not more than 180 days on any one occasion.
(4) An interim order may be made whether or not an application for a pecuniary penalty under section 92 or an order under section 94 has been made.
(5) The Tribunal may make an order under this section whether or not—
(a) the person against whom the order is to be made intends to engage again in or intends to continue to engage in the conduct that is to be the subject of the order;
(b) the person against whom the order is to be made has previously engaged in the conduct that is to be the subject of the order; or
(c) there is an imminent danger of damage or loss being incurred by any person if the order is not made.

96. Order to pay costs of Commission investigation
(1) The Tribunal may order any person who has contravened a competition rule to pay to the Government an amount equal to the amount of the costs of and incidental to any investigation into the conduct or affairs of that person, reasonably incurred by the Commission in connection with proceedings for the contravention.
(2) In this section—
costs (開支) include fees, charges, disbursements, expenses and remuneration.