### Trade Descriptions Ordinance 《商品說明條例》

30L. Undertakings
(1) An authorized officer may, with the consent in writing of the Secretary for Justice, accept a written undertaking given by a person whom the officer believes has engaged, is engaging or is likely to engage, in conduct that constitutes an offence under section 4, 5, 7, 7A, 13E, 13F, 13G, 13H or 13I.
(2) An undertaking referred to in subsection (1) is an undertaking—
(a) not to continue or repeat the conduct covered by that subsection;
(b) not to engage in conduct of that kind, or any conduct of a substantially similar kind, in the course of any trade or business; or
(c) as a person referred to in section 20(1), not to continue, repeat or engage in any conduct referred to in paragraph (a) or (b) of this subsection that could constitute an offence by virtue of that section.
(3) Subject to subsection (4), a person who has given an undertaking may, with the consent of an authorized officer, withdraw or vary it, or give a new undertaking in substitution for it, at any time.
(4) An authorized officer may only consent under subsection (3) to the withdrawal of, or a variation of or substitution for, an undertaking if the officer has obtained the consent in writing of the Secretary for Justice to doing so.
(5) An authorized officer may cause an undertaking to be published in any form and manner, and to any extent, that the officer thinks appropriate.
(6) If an authorized officer considers that the person who gave an undertaking has breached any of its terms, the officer may apply to a court for an injunction under section 30P.

30M. Effect of acceptance of undertaking
(1) If an authorized officer accepts an undertaking under section 30L, neither the Commissioner nor an authorized officer may—
(a) commence or continue an investigation relating to the matter to which the undertaking relates; or
(b) bring or continue proceedings in a court relating to that matter.
(2) To avoid doubt, the Commissioner or an authorized officer may still commence or continue an investigation, or bring or continue proceedings in a court, after the acceptance of an undertaking—
(a) in relation to matters to which the undertaking does not relate; or
(b) in relation to persons who have not given the undertaking.

### Trade Descriptions Ordinance 《商品說明條例》

30N. Withdrawal of acceptance of undertaking
(1) Subject to subsection (2), an authorized officer may, by notice in writing given to the person who gave the undertaking, withdraw the acceptance of an undertaking, with effect from the date specified in the notice, if the officer—
(a) has reasonable grounds for believing that there has been a material change of circumstances since the undertaking was accepted;
(b) has reasonable grounds for suspecting that the person who gave the undertaking has breached any of its terms;
(c) has reasonable grounds for suspecting that the information on which the decision to accept the undertaking was based was incomplete, false or misleading in a material particular; or
(d) has reasonable grounds for suspecting that the acceptance of the undertaking was procured by improper or unlawful conduct.
(2) An authorized officer may only give a notice under this section if the officer has obtained the consent in writing of the Secretary for Justice to doing so.
(3) If the acceptance of an undertaking is withdrawn under this section—
(a) the undertaking is no longer binding on the person who gave it;
(b) an authorized officer may commence or resume an investigation, or bring or continue proceedings in a court, relating to the matter to which the undertaking related; and
(c) a statement of any fact contained in the undertaking may be admitted in evidence in any proceedings referred to in paragraph (b) and, on its admission, is conclusive evidence in those proceedings of the fact stated in the undertaking.

30O. Effect of withdrawal on time limit for prosecutions
Despite section 19, if the acceptance of an undertaking is withdrawn, a prosecution for an offence under this Ordinance relating to the matter to which the undertaking related may be brought at any time before the expiration of 1 year after the effective date specified in the notice given under section 30N(1).

### Trade Descriptions Ordinance 《商品說明條例》

30P. Injunctions
(1) The District Court may, on application by an authorized officer, grant an injunction, in any terms that the Court considers appropriate, if it is satisfied that a person—
(a) has engaged, is engaging or is likely to engage, in conduct that constitutes an offence under section 4, 5, 7, 7A, 13E, 13F, 13G, 13H or 13I; or
(b) has breached any of the terms of an undertaking given by the person under section 30L.
(2) On an application under subsection (1) the District Court may, if satisfied that there are grounds for granting an injunction, instead of doing so accept an undertaking given by the defendant not to continue or repeat the conduct or to take steps that the Court believes will ensure that the defendant does not continue or repeat the conduct.
(3) The District Court may require a person from whom it has accepted an undertaking to cause its terms (accompanied by any statement that may be specified by the Court) to be published in any form and manner, and to any extent, that the Court thinks appropriate.
(4) The power of the District Court to grant an injunction against a person under subsection (1) or accept an undertaking from a person under subsection (2) may be exercised—
(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of a kind referred to in subsection (1)(a);
(b) whether or not the person has previously engaged in conduct of that kind; or
(c) whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.

30Q. Interim injunctions
If an application is made under section 30P, the District Court may, if it considers it desirable to do so, grant an interim injunction pending the determination of the application.

30R. Variation and discharge of injunctions
The District Court may vary or discharge an injunction that it has granted under section 30P or 30Q.

30S. Court of First Instance may exercise powers of District Court in certain cases
The Court of First Instance may exercise the powers conferred on the District Court under section 30P, 30Q or 30R—
(a) in a case of urgency; or
(b) if the Court of First Instance is satisfied that special circumstances exist which make it appropriate for the Court of First Instance rather than the District Court to exercise those powers.