### Competition Ordinance 《競爭條例》

144. Procedures
(1) The Tribunal may decide its own procedures and may, in so far as it thinks fit, follow the practice and procedure of the Court of First Instance in the exercise of its civil jurisdiction, and for this purpose, has the same jurisdiction, powers and duties of the Court in respect of such practice and procedure, including the jurisdiction, powers and duties of the Court in respect of costs.
(2) Without limiting subsection (1), the Tribunal has the same jurisdiction, powers and duties of the Court of First Instance in respect of the punishment of a person guilty of contempt.
(3) The Tribunal is to conduct its proceedings with as much informality as is consistent with attaining justice.

145. Hearing and determination of applications
(1) An application to the Tribunal may be heard and determined by a Tribunal constituted by any of the following—
(a) the President;
(b) the President and one or more other members appointed by the President; or
(c) one or more other members appointed by the President.
(2) If the President is sitting with one or more other members, the President is to preside over the hearing; if the President is not sitting and there is more than one other member sitting, the President is to appoint one of those other members to preside over the sitting.
(3) Any difference between the members exercising the jurisdiction of the Tribunal is to be decided by majority vote and, in the event of an equality of votes, the member presiding is to have a second or casting vote.

146. Absence of member during course of proceedings
(1) If, after the commencement of any proceedings, a member of the Tribunal, other than the presiding member, is absent for any reason, the presiding member may, with the consent of the parties—
(a) direct that the proceedings be continued in the absence of that member; or
(b) direct that another specified member take the place of the absent member in the proceedings.
(2) If, after the commencement of proceedings, the presiding member of the Tribunal is absent for any reason, then—
(a) if there is only one member of the Tribunal remaining, and the parties agree, the proceedings may be continued in the absence of the presiding member; or
(b) if there is more than one member of the Tribunal remaining, and the parties agree—
(i) the proceedings may be continued in the absence of the presiding member; and
(ii) the most senior of the remaining members is to preside, with seniority determined according to the priority of their appointments as judges of the Court of First Instance.
(3) If—
(a) the presiding member has given a direction under subsection (1); or
(b) the members and parties have agreed to proceed under subsection (2),
the Tribunal as so constituted is to be regarded as properly constituted.

### Competition Ordinance 《競爭條例》

147. Rules of evidence
In proceedings under this Ordinance, other than proceedings in which the Commission applies for an order for—
(a) a pecuniary penalty under section 93; or
(b) a financial penalty under section 169,
the Tribunal is not bound by the rules of evidence and may receive and take into account any relevant evidence or information, whether or not it would be otherwise admissible in a court of law.

148. Evidence that might tend to incriminate
(1) A person appearing before the Tribunal to give evidence, other than in proceedings in which the Commission applies for an order for—
(a) a pecuniary penalty under section 93; or
(b) a financial penalty under section 169,

is not excused from answering any question on the grounds that to do so might expose the person to proceedings referred to in subsection (3).
(2) No statement or admission made by a person answering any question put to the person, in any proceedings to which subsection (1) applies, is admissible in evidence against that person in proceedings referred to in subsection (3).
(3) The proceedings referred to in subsections (1) and (2) are—
(a) proceedings in which the Commission applies for an order for—
(i) a pecuniary penalty under section 93; or
(ii) a financial penalty under section 169; and
(b) any criminal proceedings, other than proceedings for—
(i) an offence under section 55 (Providing false or misleading documents or information);
(ii) an offence under Part V (Perjury) of the Crimes Ordinance (Cap. 200); or
(iii) an offence of perjury.

149. Findings of fact by Tribunal
(1) A finding of fact by the Tribunal, which is relevant to an issue arising in any other proceedings, either in the Tribunal or in the Court of First Instance, relating to a contravention of a conduct rule, is evidence of that fact in those proceedings if—
(a) the time for bringing an appeal in respect of the finding has expired and the relevant party has not brought such an appeal; or
(b) the final decision of a court on such appeal has confirmed the finding.
(2) In this section—
relevant party (有關一方) means—
(a) in relation to the first conduct rule, a party to the agreement which is the subject of the alleged contravention; and
(b) in relation to the second conduct rule, the undertaking whose conduct is alleged to have contravened the conduct rule or any other person involved in the contravention.

### Competition Ordinance 《競爭條例》

150. Findings of fact by Court of First Instance
(1) A finding of any fact by the Court of First Instance in any proceedings transferred to it by the Tribunal under section 114(3), which is relevant to an issue arising in any other proceedings, either in the Court or in the Tribunal, relating to a contravention, or involvement in a contravention, of a conduct rule, is evidence of that fact in those other proceedings if—
(a) the time for bringing an appeal in respect of the finding has expired and the relevant party has not brought such an appeal; or
(b) the final decision of a court on such appeal has confirmed the finding.
(2) In this section—
relevant party (有關一方) has the meaning given by section 149(2).

151. Order not to disclose material
(1) The Tribunal may order a person not to publish or otherwise disclose any material the Tribunal receives.
(2) A person who fails to comply with an order made under subsection (1) commits an offence and is liable to a fine at level 6 and to imprisonment for 6 months.

151A. Order prohibiting departure from Hong Kong
(1) The Tribunal may make an order prohibiting a person from leaving Hong Kong (prohibition order