### Competition Ordinance 《競爭條例》

57. Disposal of property
(1) If any property has come into possession of the Commission under this Ordinance, the Tribunal may order the disposal of the property in the manner provided in this section.
(2) The Tribunal may, either of its own motion or on application—
(a) make an order for the delivery of the property to the person who appears to the Tribunal to be entitled to the property;
(b) if the person entitled to the property is unknown or cannot be found, make an order that the property be sold or retained in the possession of the Tribunal or the Commission; or
(c) if the property is of no value, order that the property be destroyed.
(3) An order for the delivery, sale or destruction of property must not, except where the property is perishable, be made under subsection (2) unless the Tribunal is satisfied that the property will not be required for the purpose of any proceedings before the Tribunal or any other court. 
(4) If—
(a) the Tribunal orders the sale or retention of any property under subsection (2); and
(b) no person establishes a claim to the property or the proceeds of sale of the property within 6 months after the day on which the order is made,
the Tribunal may, either of its own motion or on application by the Commission, order that the property or the proceeds of sale become the property of the Government.
(5) An order made under subsection (2), other than an order for the retention of property, must not, except where the property is perishable, be carried out until the period allowed for making an appeal against the order has expired or, where such an appeal is made, until the appeal is finally disposed of.
(6) An appeal is finally disposed of, for the purpose of subsection (5)—
(a) if it is determined and the period for bringing any further appeal has ended; or
(b) if it is abandoned or otherwise ceases to have effect.

58. Legal professional privilege
(1) Subject to subsection (2), this Part does not affect any claims, rights or entitlements that would, but for this Part, arise on the ground of legal professional privilege.
(2) Subsection (1) does not affect any requirement under this Ordinance to disclose the name and address of a client of a counsel or solicitor.

### Competition Ordinance 《競爭條例》

59. Guidelines
(1) The Commission may amend any guidelines it issues under this Part.
(2) Guidelines issued under this Part, and any amendments made to them, may be published in any manner the Commission considers appropriate.
(3) Before issuing any guidelines or amendments to them under this Part, the Commission must consult the Legislative Council and any persons it considers appropriate.
(4) The Commission must make available copies of all guidelines issued under this Part 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.
(5) A person does not incur any civil or criminal liability only because the person has contravened any guidelines issued under this Part or any amendments made to them.
(6) 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.
(7) Guidelines issued under this Part and all amendments made to them are not subsidiary legislation.

### Competition Ordinance 《競爭條例》

60. Commitments
(1) The Commission may accept from a person a commitment to—
(a) take any action; or
(b) refrain from taking any action,
that the Commission considers appropriate to address its concerns about a possible contravention of a competition rule.
(2) The action referred to in subsection (1)(a) does not include making a payment to the Government.
(3) If the Commission accepts a commitment under this section, it may agree—
(a) not to commence an investigation or, if it has commenced an investigation, to terminate it; and
(b) not to bring proceedings in the Tribunal or, if it has brought proceedings, to terminate them.
(4) If the Commission accepts a commitment under this section, it may not—
(a) commence or continue an investigation; or
(b) bring or continue proceedings in the Tribunal,
in relation to any alleged contravention of a competition rule in so far as that investigation or those proceedings relate to matters that are addressed by the commitment.
(5) To avoid doubt, the Commission may still commence or continue an investigation or bring or continue proceedings in the Tribunal, after accepting a commitment under this section—
(a) in relation to matters that are not addressed by the commitment; or
(b) in relation to persons who are not subject to the commitment.
(6) If the Commission decides to accept a commitment under this section, it must, as soon as practicable after accepting it—
(a) give notice in writing of that decision to the person who made the commitment, together with a copy of the commitment; and
(b) register the commitment on the register of commitments maintained under section 64 (Register of commitments).

### Competition Ordinance 《競爭條例》

61. Withdrawal of acceptance of commitment
(1) The Commission may, by notice in writing given to the person who made the commitment, withdraw its acceptance of a commitment, with effect from the date specified in the notice, if—
(a) it has reasonable grounds for believing that there has been a material change of circumstances since the commitment was accepted;
(b) it has reasonable grounds for suspecting that the person who made the commitment has failed to comply with the commitment; or
(c) it has reasonable grounds for suspecting that the information on which it based its decision to accept the commitment was incomplete, false or misleading in a material particular.
(2) If the Commission is satisfied that any information—
(a) on which it based its decision to accept the commitment; and
(b) which was provided to it by the person who made the commitment,
was incomplete, false or misleading in a material particular, the date specified in the notice given under subsection (1) may be earlier than the date on which the notice is given.
(3) If an acceptance is withdrawn under this section—
(a) the commitment is no longer binding on the person who made it; and
(b) subject to subsection (4), the Commission may—
(i) commence an investigation; or
(ii) bring proceedings in the Tribunal,
with respect to any alleged contravention of the relevant competition rule that has occurred after the date specified in the notice given under subsection (1). (Amended 21 of 2020 s. 125)
(4) The Commission may not bring proceedings authorized by subsection (3) more than 2 years after the date specified in the notice given under subsection (1).

62. Variation, substitution and release of commitment
(1) At any time after the Commission has accepted a commitment, it may accept from the person who has made it—
(a) a variation of the commitment; or
(b) a new commitment in substitution for it,
if it is satisfied that the variation or new commitment will address its concerns about a possible contravention of a competition rule.
(2) The Commission may release any person from a commitment that the person has made under this Part if—
(a) it is requested to do so by that person; or
(b) it has reasonable grounds for believing that its concerns about the alleged contravention of the competition rule no longer arise.