### Competition Ordinance 《競爭條例》

31. Exemptions on public policy grounds
(1) The Chief Executive in Council may, by order published in the Gazette, exempt—
(a) a specified agreement or a specified class of agreement from the application of the first conduct rule; or
(b) specified conduct or a specified class of conduct from the application of the second conduct rule,
if he or she is satisfied that there are exceptional and compelling reasons of public policy for doing so.
(2) An order under subsection (1) may be made subject to any conditions or limitations that the Chief Executive in Council considers appropriate.
(3) An order made under this section remains in force for the period that is specified in the order.
(4) Before the expiry of an order, the Chief Executive in Council may, by order published in the Gazette, extend the period of its validity.
(5) An order made under subsection (1) may provide that the conduct rule in question has never applied to any agreement or conduct specified in the order.

32. Exemption to avoid conflict with international obligations
(1) The Chief Executive in Council may, by order published in the Gazette, exempt—
(a) a specified agreement or a specified class of agreement from the application of the first conduct rule; or
(b) specified conduct or a specified class of conduct from the application of the second conduct rule,
if he or she is satisfied that it is appropriate to do so, in order to avoid a conflict between this Ordinance and an international obligation that directly or indirectly relates to Hong Kong.
(2) An order under subsection (1) may be made subject to any conditions or limitations that the Chief Executive in Council considers appropriate.
(3) An order made under this section remains in force for the period that is specified in the order.
(4) Before the expiry of an order, the Chief Executive in Council may, by order published in the Gazette, extend the period of its validity.
(5) If an international obligation has ceased to have effect or has been varied, the Chief Executive in Council may, by order published in the Gazette, revoke an order made under this section, or (as the case requires) amend it to the extent warranted by the variation.
(6) An order made under subsection (1) may provide that the conduct rule in question has never applied to any agreement or conduct specified in the order.
(7) In this section—

international obligation (國際義務) includes an obligation under—
(a) an air service agreement or a provisional arrangement referred to in Article 133 of the Basic Law;
(b) an international arrangement relating to civil aviation; and
(c) any agreement, provisional arrangement or international arrangement designated as an international agreement, international provisional arrangement or international arrangement by the Chief Executive in Council by order published in the Gazette.

### Competition Ordinance 《競爭條例》

33. Orders to be published and placed before Legislative Council
(1) The Chief Executive is to arrange for every order made under section 31 or 32 to be—
(a) published in the Gazette; and
(b) laid on the table of the Legislative Council at the next sitting of the Council after its publication in the Gazette.
(2) The Legislative Council may, by resolution passed at a sitting of the Legislative Council held not later than 28 days after the sitting at which an order is laid on the table of the Council (the relevant period

34. Register of decisions and block exemption orders
(1) The Commission must establish and maintain a register of—
(a) all decisions made in respect of applications made under section 9 or 24;
(b) all notices of rescissions of such decisions, made under section 14 or 29;
(c) all block exemption orders issued under section 15; and
(d) all orders varying or revoking block exemption orders, issued under section 20.
(2) The Commission may omit confidential information from any entry made in the register under this section; and where confidential information has been omitted, that fact must be disclosed on the register.
(3) The Commission must make the register available for inspection by any person—
(a) at the offices of the Commission during ordinary business hours;
(b) through the Internet or a similar electronic network; and
(c) in any other manner the Commission considers appropriate.

### Competition Ordinance 《競爭條例》

35. Guidelines
(1) The Commission must issue guidelines—
(a) indicating the manner in which it expects to interpret and give effect to the conduct rules;
(b) regarding the manner and form in which it will receive applications for a decision or block exemption order; and
(c) indicating how it expects to exercise its power to make a decision or grant block exemptions.
(2) The Commission may amend any guidelines it issues under this section.
(3) Guidelines issued under this section, and any amendments made to them, may be published in any manner the Commission considers appropriate.
(4) Before issuing any guidelines or amendments to them under this section, the Commission must consult the Legislative Council and any persons it considers appropriate.
(5) The Commission must make available copies of all guidelines issued under this section and of all amendments made to them—
(a) at the offices of the Commission during ordinary business hours;
(b) through the Internet or a similar electronic network; and
(c) in any other manner the Commission considers appropriate.
(6) A person does not incur any civil or criminal liability only because the person has contravened any guidelines issued under this section or any amendments made to them.
(7) If, in any legal proceedings, the Tribunal or any other court is satisfied that a guideline is relevant to determining a matter that is in issue—
(a) the guideline is admissible in evidence in the proceedings; and
(b) proof that a person contravened or did not contravene the guideline may be relied on by any party to the proceedings as tending to establish or negate the matter.
(8) Guidelines issued under this section and all amendments made to them are not subsidiary legislation.

36. Amendment of Schedule 1
(1) The Chief Executive in Council may by order amend Schedule 1.
(2) An order made under subsection (1) is subject to the approval of the Legislative Council.

37. Complaints
(1) Any person may, in accordance with guidelines issued under section 38, lodge a complaint with the Commission alleging that an undertaking has contravened, is contravening or is about to contravene a competition rule.
(2) The Commission is not required to investigate a complaint if it does not consider it reasonable to do so and may, in particular, refuse to investigate a complaint if it is satisfied that—
(a) the complaint is trivial, frivolous or vexatious; or
(b) the complaint is misconceived or lacking in substance.

38. Guidelines regarding complaints
The Commission must issue guidelines indicating the manner and form in which complaints are to be made.

### Competition Ordinance 《競爭條例》

39. Power to conduct investigations
(1) The Commission may conduct an investigation into any conduct that constitutes or may constitute a contravention of a competition rule—
(a) of its own volition;
(b) where it has received a complaint under this Part;
(c) where the Court of First Instance or the Tribunal has referred any conduct to it for investigation under section 118; or
(d) where the Government has referred any conduct to it for investigation.
(2) Despite subsection (1), the Commission may only conduct an investigation under this Part if it has reasonable cause to suspect that a contravention of a competition rule has taken place, is taking place or is about to take place.

40. Guidelines regarding investigations
The Commission must issue guidelines indicating—
(a) the procedures it will follow in deciding whether or not to conduct an investigation under this Part; and
(b) the procedures it will follow in conducting any investigation under this Part.