### Competition Ordinance 《競爭條例》

163. Determination of turnover of undertaking
(1) For the purposes of this Ordinance, the turnover of an undertaking is to be determined in accordance with the regulations made by the Secretary for Commerce and Economic Development under subsection (2).
(2) The Secretary for Commerce and Economic Development may, by regulations published in the Gazette, provide for the determination of the turnover of an undertaking.
(3) Without limiting subsection (2), the regulations made under that subsection may—
(a) specify a period as the turnover period of an undertaking for the purpose of section 5(4) or 6(3) of Schedule 1;
(b) provide for different ways for the determination of the turnover of an undertaking obtained in Hong Kong or outside Hong Kong; and
(c) provide for different ways for the determination of the turnover of an undertaking in respect of different periods, including—
(i) a calendar year;
(ii) a financial year; and
(iii) a period specified as the turnover period of the undertaking under paragraph (a).

164. Fees
(1) The Commission may charge a fee for—
(a) the making of an application to the Commission under this Ordinance; and
(b) the provision of any service.
(2) The Chief Executive may make regulations prescribing the amount of the fees chargeable under this section.
(3) The amount of any fee that may be prescribed in a regulation made under subsection (2) is not limited by reference to the amount of administrative or other costs incurred or likely to be incurred in relation to the application or service to which the fee relates.
(4) A regulation made under this section may provide for—
(a) the amount of any fee to be charged by reference to a scale set out in the regulation;
(b) the payment of different fees by different persons or different classes or descriptions of person;
(c) fees that are to be paid annually or at other intervals; and
(d) the reduction, waiver or refund, in whole or in part, of any fee, either upon the happening of a certain event or in the discretion of the Commission.
(5) The Commission may recover any fee payable under this section as a civil debt due to the Commission.

165. Personal immunity of public officers
(1) A public officer is not personally liable for anything done or omitted to be done by the public officer in good faith in the performance of a function or purported performance of a function under this Ordinance.
(2) The protection conferred by subsection (1) does not affect any liability of the Government for the act or omission.

### Competition Ordinance 《競爭條例》

166. Service of documents on Commission
(1) A notice or other document required to be served on the Commission under this Ordinance may be served—
(a) by sending it by post to the offices of the Commission;
(b) by leaving it at the offices of the Commission;
(c) by sending it by facsimile transmission to the facsimile number of the Commission;
(d) by sending it by electronic mail transmission to the electronic mail address of the Commission; or
(e) by sending it by any other method specified in rules made by the Commission for this purpose under section 34 of Schedule 5.
(2) A notice or other document served in accordance with subsection (1) is to be taken, in the absence of evidence to the contrary, to have been served—
(a) if served by post, on the second day after the day on which it was posted;
(b) if left at the offices of the Commission, on the day after the day on which it was so left;
(c) if sent by facsimile transmission, on the day after the day on which it was transmitted; or
(d) if sent by electronic mail transmission, on the day after the day on which it was transmitted.

### Competition Ordinance 《競爭條例》

168. Certain indemnities of officers, employees or agents void
(1) Subject to section 170, no person may indemnify another person who is or was an officer, employee or agent of an undertaking against liability for paying—
(a) a pecuniary penalty under Part 6; or
(b) costs incurred in defending an action in which that other person is—
(i) convicted of contempt of the Tribunal;
(ii) convicted of an offence under this Part or Part 3; or
(iii) ordered to pay a pecuniary penalty under Part 6.
(2) An indemnity given in contravention of subsection (1) is void.
(3) In this section—
employee (僱員), in relation to an undertaking, means a person engaged by the undertaking for the provision of services, whether under a contract of employment or otherwise;

officer (高級人員) means—
(a) in relation to an undertaking being a corporation, a director, manager or company secretary of the undertaking, and any other person involved in the management of the undertaking; and
(b) in relation to an undertaking not being a corporation, any member of the governing body of that undertaking.

169. Financial penalty for contravention of section 168
(1) If it appears to the Commission that a person has indemnified any other person in contravention of section 168, the Commission may apply to the Tribunal for an order imposing a financial penalty on that person.
(2) If the Tribunal is satisfied that a person has contravened section 168, it may make an order imposing a financial penalty on that person.
(3) The amount of a financial penalty imposed under this section may not exceed twice the value of the indemnity given in contravention of section 168.

### Competition Ordinance 《競爭條例》

170. Provision of funds for indemnity for defending proceedings
(1) Section 168 does not prohibit any person from providing funds to another person who is or was an officer, employee or agent of an undertaking to meet expenditure incurred or to be incurred by that other person in defending any proceedings under Part 6 for a pecuniary penalty, if it is done on the following terms—
(a) that the funds are to be repaid in the event of the other person being required by the Tribunal to pay the pecuniary penalty; and
(b) that they are to be repaid not later than the date when the decision of the Tribunal becomes final.
(2) For the purpose of this section a decision of the Tribunal becomes final—
(a) if not appealed against, at the end of the period for bringing an appeal; or
(b) if appealed against, when the appeal or further appeal is finally disposed of.
(3) An appeal is finally disposed of, for the purpose of subsection (2)—
(a) if it is determined and the period for bringing any further appeal has ended; or
(b) if it is abandoned or otherwise ceases to have effect.
(4) In this section—
employee (僱員) has the meaning given by section 168(3);
officer (高級人員) has the meaning given by section 168(3).

171. Criminal proceedings not to be brought in Tribunal
(1) Criminal proceedings for an offence under this Ordinance may not be brought in the Tribunal.
(2) To avoid doubt, subsection (1) does not affect the jurisdiction, powers and duties of the Tribunal in respect of the punishment of a person guilty of contempt, granted by section 144(2).

172. Provision of false information
(1) A person commits an offence if the person, in any representation made to the Commission under this Ordinance—
(a) provides any information that is false or misleading in a material particular; and
(b) knows or is reckless as to whether the information is false or misleading in a material particular.
(2) A person who commits an offence under this section is liable to a fine at level 6 and to imprisonment for 6 months.

173. Employees not to suffer termination etc. for assisting Commission
(1) A person who employs another person under a contract of employment (an employee