### Mediation Ordinance 《調解條例》

10. Leave for disclosure or admission in evidence
(1) The court or tribunal specified in subsection (3) may, on application by any person, grant leave for a mediation communication to be disclosed under section 8(3) or to be admitted in evidence under section 9.
(2) For the purposes of subsection (1), the court or tribunal must take into account the following matters in deciding whether to grant leave for a mediation communication to be disclosed or admitted in evidence—
(a) whether the mediation communication may be, or has been, disclosed under section 8(2);
(b) whether it is in the public interest or the interests of the administration of justice for the mediation communication to be disclosed or admitted in evidence;
(c) any other circumstances or matters that the court or tribunal considers relevant.
(3) The court or tribunal specified for the purposes of subsection (1) is—
(a) if the mediation communication is sought to be disclosed or admitted in evidence in proceedings in the Court of Final Appeal—the Court of Final Appeal;
(b) if the mediation communication is sought to be disclosed or admitted in evidence in proceedings in the Court of Appeal—the Court of Appeal;
(c) if the mediation communication is sought to be disclosed or admitted in evidence in proceedings in the District Court—the District Court;
(d) if the mediation communication is sought to be disclosed or admitted in evidence in proceedings in the Lands Tribunal—the Lands Tribunal; or
(e) in any other case—the Court of First Instance.

11. (Omitted as spent—E.R. 4 of 2017)

### Competition Ordinance 《競爭條例》

1. Short title
(Amended E.R. 1 of 2016)(1) This Ordinance may be cited as the Competition Ordinance.
(2) (Omitted as spent—E.R. 1 of 2016)

2. Interpretation
(1) In this Ordinance—
agreement (協議) includes any agreement, arrangement, understanding, promise or undertaking, whether express or implied, written or oral, and whether or not enforceable or intended to be enforceable by legal proceedings;
Commission (競委會) means the Competition Commission established by section 129;
Communications Authority (通訊事務管理局) means the Communications Authority established by section 3 of the Communications Authority Ordinance (Cap. 616);
company (公司), in addition to the meaning given by section 2(1) of the Companies Ordinance (Cap. 622), includes a non-Hong Kong company within the meaning of that Ordinance and a company registered under Part IX of the Companies Ordinance (Cap. 32) as in force from time to time before the commencement date* of section 2 of Schedule 9 to the Companies Ordinance (Cap. 622) or under Part 17 of the Companies Ordinance (Cap. 622); (Amended 28 of 2012 ss. 912 & 920 and L.N. 162 of 2013)
company secretary (公司秘書) includes any person occupying the position of company secretary, by whatever name called;
competition authority (競爭事務當局) means—
(a) the Commission; or
(b) the Communications Authority;

competition matter (競爭事宜) means any matter involving or having a connection with—
(a) a contravention or alleged contravention of a competition rule; or
(b) any decision relating to a competition rule, that has been made or is to be made under this Ordinance;

competition rule (競爭守則) means—
(a) the first conduct rule;
(b) the second conduct rule; or
(c) the merger rule;

conduct (行為) means any conduct, whether by act or omission;
conduct rule (行為守則) means—
(a) the first conduct rule; or
(b) the second conduct rule;

confidential information (機密資料) has the meaning given by section 123;
contract of employment (僱傭合約) means any agreement, whether in writing or oral, express or implied, under which one person (an employer

### Competition Ordinance 《競爭條例》

3. Application to statutory bodies
(1) The following provisions do not apply to a statutory body—
(a) Part 2 (The conduct rules);
(b) Part 4 (Enforcement powers of Commission);
(c) Part 6 (Enforcement before Tribunal); and
(d) Schedule 7 (Mergers).
(2) Despite subsection (1), the provisions referred to in that subsection apply to—
(a) a specified statutory body; and
(b) a statutory body, to the extent that it is engaged in a specified activity.
(3) In this section—
(a) specified (指明) means specified in a regulation made for the purpose of this section by the Chief Executive in Council under section 5; and
(b) a reference to a statutory body includes an employee or agent of the statutory body, acting in that capacity.

4. Application to specified persons and persons engaged in specified activities
(1) The provisions referred to in section 3(1) do not apply to—
(a) a specified person; or
(b) a person, to the extent that the person is engaged in a specified activity.
(2) In this section—
(a) specified (指明) means specified in a regulation made for the purpose of this section by the Chief Executive in Council under section 5; and
(b) a reference to a person includes an employee or agent of the person, acting in that capacity.

5. Regulations
(1) The Chief Executive in Council may, by regulation—
(a) apply the provisions referred to in section 3(1) to—
(i) any statutory body; or
(ii) any statutory body, to the extent that it is engaged in an activity specified in the regulation; and
(b) disapply the provisions referred to in section 3(1) to—
(i) any person; or
(ii) any person, to the extent that the person is engaged in an activity specified in the regulation.
(2) The Chief Executive in Council may only make a regulation under subsection (1)(a)(i) or (ii) with respect to a statutory body if he or she is satisfied that—
(a) the statutory body is engaging in an economic activity in direct competition with another undertaking;
(b) the economic activity of the statutory body is affecting the economic efficiency of a specific market;
(c) the economic activity of the statutory body is not directly related to the provision of an essential public service or the implementation of public policy; and
(d) there are no other exceptional and compelling reasons of public policy against making such a regulation.
(3) In subsection (1), a reference to a statutory body or a person includes an employee or agent of the statutory body or person, acting in that capacity.