### Competition Ordinance 《競爭條例》

49. Duty to produce evidence of authority
An authorized officer executing a warrant must, if requested, produce for inspection—
(a) documentary evidence of his or her identity;
(b) documentary evidence of his or her authorization under section 47; and
(c) the warrant.

50. Powers conferred by warrant
(1) A warrant issued under section 48 authorizes the persons specified in it—
(a) to enter and search the premises specified in the warrant;
(b) to use such force for gaining entry to the premises and for breaking open any article or thing found on the premises as is reasonable in the circumstances;
(c) to make use of such equipment as is reasonable in the circumstances;
(d) to remove by force any person or thing obstructing the execution of the warrant;
(e) to require any person on the premises to produce any document that appears to be a relevant document, in the possession or under the control of that person;
(f) to make copies of or take extracts from any document that appears to be a relevant document found on the premises or produced to a person executing the warrant;
(g) to prohibit any person found on the premises from—
(i) altering or otherwise interfering with any document that appears to be a relevant document; or
(ii) removing any such document from the premises or causing or permitting any other person to remove such document from the premises;
(h) to take possession of any documents found on the premises that appear to be relevant documents if—
(i) such action appears to be necessary for preserving the documents or preventing interference with them; or
(ii) it is not reasonably practicable to take copies of the documents on the premises;
(i) to take any other steps that appear to be necessary for the purpose mentioned in paragraph (h)(i);
(j) to take possession of any computer or other thing found on the premises that the person executing the warrant has reasonable grounds for believing will, on examination, afford evidence of a contravention of a competition rule;
(k) to require any person on the premises to give an explanation of any document appearing to be a relevant document or to state, to the best of his or her knowledge and belief, where such an explanation may be found or obtained;
(l) to require any information which is stored in electronic form and is accessible from the premises and which the person executing the warrant considers relates to any matter relevant to the investigation, to be produced in a form—
(i) in which it is visible and legible or from which it can readily be produced in a visible and legible form; and
(ii) in which it can be taken away.
(2) In this section—
relevant document (有關文件) means a document of a kind that could be required to be produced to the Commission under this Part.

### Competition Ordinance 《競爭條例》

51. Interpretation
In this Division—
Commission (競委會) includes any member, employee or authorized officer of the Commission;
information (資料) includes information provided in answer to a question.

52. Failure to comply with requirement or prohibition
(1) A person who, without reasonable excuse, fails to comply with a requirement or prohibition imposed on that person under—
(a) section 41 (Powers to obtain documents and information);
(b) section 42 (Persons may be required to attend before Commission);
(c) section 43 (Statutory declaration regarding evidence); or
(d) section 50 (Powers conferred by warrant),
commits an offence.
(2) A person who commits an offence under subsection (1) is liable—
(a) on conviction on indictment, to a fine of $200,000 and to imprisonment for 1 year; or
(b) on summary conviction, to a fine at level 5 and to imprisonment for 6 months.

53. Destroying or falsifying documents
(1) A person commits an offence if, having been required to produce a document under section 41 (Powers to obtain documents and information) or section 50 (Powers conferred by warrant), the person—
(a) intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it; or
(b) causes or permits its destruction, disposal, falsification or concealment.
(2) A person who commits an offence under subsection (1) 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.

54. Obstruction of search
(1) It is an offence for a person to obstruct any person exercising a power under a warrant issued under section 48.
(2) A person who commits an offence under subsection (1) 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.

### Competition Ordinance 《競爭條例》

55. Providing false or misleading documents or information
(1) If any person produces or provides any document or information to the Commission under this Part, that person commits an offence if—
(a) the document or information is false or misleading in a material particular; and
(b) the person knows or is reckless as to whether the document or information is false or misleading in a material particular.
(2) A person who—
(a) provides any document or information to another person, knowing the document or information to be false or misleading in a material particular; or
(b) recklessly provides any document or information to another person that is false or misleading in a material particular,
knowing that the document or information is to be used for the purpose of providing information to the Commission in connection with any of its functions under this Part, commits an offence.
(3) A person who commits an offence under this section 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.

56. Retention of property
(1) If property is produced to the Commission in response to a requirement under this Part or is obtained under a warrant issued under section 48, the Commission may retain that property—
(a) for as long as may be necessary for the purpose of its investigation; or
(b) where it may be required for legal proceedings, for as long as may be necessary for the purpose of those proceedings.
(2) If a document obtained under this Part is in the possession of the Commission, the Commission must, if requested by a person otherwise entitled to possession of the document, supply that person with a copy of the document certified by a member of the Commission to be a true copy of the original.
(3) Until such a certified copy is issued, the Commission must, at any time and place it considers appropriate, allow a person otherwise entitled to possession of the document, or a person authorized by that person, to inspect and make copies of or take extracts from the document.
(4) A certified copy of a document issued under this section is admissible in evidence in all courts as if it were the original.