### Competition Ordinance 《競爭條例》

41. Powers to obtain documents and information
(1) This section applies where the Commission has reasonable cause to suspect that a person has or may have possession or control of documents or information or may otherwise be able to assist it in relation to a matter that constitutes or may constitute a contravention of a competition rule.
(2) For the purpose of conducting an investigation, the Commission may by notice in writing require any person—
(a) to produce to it any document or a copy of any document; or
(b) to provide it with any specified information,
relating to any matter it reasonably believes to be relevant to the investigation.
(3) A notice under subsection (2) must indicate—
(a) the subject matter and purpose of the investigation; and
(b) the nature of the offences created by section 52 (Failure to comply with requirement or prohibition), section 53 (Destroying or falsifying documents) and section 55 (Providing false or misleading documents or information).
(4) The Commission may also specify in the notice—
(a) the time and place at which any document is to be produced or any information is to be provided; and
(b) the manner and form in which any document is to be produced or any information is to be provided.
(5) The power under this section to require a person to produce a document includes power—
(a) if the document is produced—
(i) to make copies of it or to take extracts from it; or
(ii) to require that person or any other person who is a present or past employee or partner of that person, or was at any time employed by that person, to give an explanation of or further particulars about the document;
(b) if the document is not produced, to require that person to state, to the best of the person’s knowledge and belief, where it is.
(6) The power under this section to require a person to provide specified information includes power—
(a) in relation to information recorded otherwise than in legible form, to require the production of a copy of the information in a visible and legible form or in a form from which it can readily be produced in a visible and legible form; and
(b) to require the provision of instruction on the operation of equipment containing information stored electronically.
(7) In this section—

specified (指明) means—
(a) specified, or described, in the notice; or
(b) falling within a category that is specified, or described, in the notice.

### Competition Ordinance 《競爭條例》

42. Persons may be required to attend before Commission
(1) For the purpose of conducting an investigation, the Commission may, by notice in writing, require any person to attend before the Commission, at a time and place specified in the notice, to answer questions relating to any matter it reasonably believes to be relevant to the investigation.
(2) A notice under subsection (1) must indicate—
(a) the subject matter and purpose of the investigation; and
(b) the nature of the offences created by section 52 (Failure to comply with requirement or prohibition), section 53 (Destroying or falsifying documents) and section 55 (Providing false or misleading documents or information).

43. Statutory declaration regarding evidence
(1) The Commission may require a person giving any explanation, further particulars, answer or statement to the Commission under this Part to verify the truth of the explanation, particulars, answer or statement, by statutory declaration.
(2) For the purpose of subsection (1) any member of the Commission may administer an oath or affirmation.
(3) If a person fails to comply with a requirement made under this Part to give any explanation, further particulars, answer or statement to the Commission, the Commission may require that person to state, by statutory declaration, the reasons for the failure.

44. Immunity
(1) A person who gives evidence to the Commission under this Part and any counsel, solicitor, or other person who appears before the Commission under this Part has the same privileges and immunities as the person would have if the investigation were civil proceedings in the Court of First Instance.
(2) In subsection (1), the reference to the giving of evidence includes a reference to producing any document, making any statement, giving any information, explanation or further particulars and answering any question.

### Competition Ordinance 《競爭條例》

45. Self-incrimination
(1) A person is not excused—
(a) from giving any explanation or further particulars about a document; or
(b) from answering any question,
under this Division on the grounds that to do so might expose the person to proceedings referred to in subsection (3).
(2) No statement made by a person—
(a) in giving any explanation or further particulars about a document; or
(b) in answering any question, 
under this Division is admissible against that person in proceedings referred to in subsection (3) unless, in the proceedings, evidence relating to the statement is adduced, or a question relating to it is asked, by that person or on that person’s behalf.
(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.

46. Obligation of confidence
(1) A person is not excused from providing to the Commission any information or producing any document to the Commission under this Part in respect of which an obligation of confidence is owed to any other person.
(2) A person who, when required to do so under this Ordinance, produces any document or provides any information to the Commission, in respect of which an obligation of confidence is owed to any other person, is not personally liable for that act.

47. Appointment of authorized officers
The Commission may, in writing, appoint any employee of the Commission as an authorized officer of the Commission (an authorized officer

48. Warrant to enter and search premises
(1) A judge of the Court of First Instance may issue a warrant authorizing a person specified in the warrant, and any other persons who may be necessary to assist in the execution of the warrant, to enter and search any premises if the judge is satisfied, on application made on oath by an authorized officer, that there are reasonable grounds to suspect that there are or are likely to be, on the premises, documents that may be relevant to an investigation by the Commission.
(2) A warrant under subsection (1) may be issued subject to any conditions specified in it that apply to the warrant itself or to any further authorization under it (whether granted under its terms or any provision of this Ordinance).