### Competition Ordinance 《競爭條例》

133. Personal immunity of members of Commission etc.
(1) A person to whom this subsection applies is not personally liable for anything done or omitted to be done by the person in good faith in the performance or purported performance of any function of the Commission under this Ordinance.
(2) The persons to whom subsection (1) applies are—
(a) members of the Commission;
(b) any person who is an officer or employee of the Commission;
(c) any person who is a member of any committee of the Commission; and
(d) any person who is performing any service for the Commission under a contract of services.
(3) The protection conferred by subsection (1) does not affect any liability of the Commission for the act or omission.

134. Establishment of Tribunal
(1) There is established, by virtue of this section, a tribunal to be known as the “Competition Tribunal”. (Amended E.R. 4 of 2019)
(2) The Tribunal is a superior court of record.

135. Constitution of Tribunal
(1) The Tribunal consists of the judges of the Court of First Instance appointed in accordance with section 6 of the High Court Ordinance (Cap. 4), by virtue of their appointments as such judges.
(2) A Justice of Appeal who sits in the Court of First Instance is not a member of the Tribunal.

136. President
(1) The Chief Executive, acting in accordance with the recommendation of the Judicial Officers Recommendation Commission, is to appoint one of the members of the Tribunal to be the President of the Tribunal.
(2) The President is to hold office for a term of at least 3 years, but not more than 5 years, as is stated in his or her letter of appointment, but is eligible for re-appointment.
(3) The President may give directions as to the arrangement of the business of the Tribunal, and is to perform such other functions as are assigned to the President under this Ordinance.

137. Deputy President
(1) The Chief Executive, acting in accordance with the recommendation of the Judicial Officers Recommendation Commission, is to appoint one of the members of the Tribunal to be the Deputy President of the Tribunal.
(2) The Deputy President is to hold office for a term of at least 3 years, but not more than 5 years, as is stated in his or her letter of appointment, but is eligible for re-appointment.
(3) The Deputy President may, subject to any directions given by the President, perform all the functions of the President.
(4) Every decision or other act or omission of the Deputy President while acting under subsection (3) is to be regarded as a decision, act or omission of the President.

### Competition Ordinance 《競爭條例》

138. Acting President
(1) If for any reason the President is unable, whether temporarily or otherwise, to perform the functions of the President, the Deputy President may act as President.
(2) If for any reason the Deputy President is unable, whether temporarily or otherwise, to perform the functions of the President when the President is unable to perform them himself or herself, the Chief Justice may appoint another member of the Tribunal to act as President.
(3) A person acting as President under this section may perform all the functions of the President.
(4) Every decision or other act or omission of a person acting as President under this section is to be regarded as the decision, act or omission of the President.
(5) The Chief Justice may at any time revoke an appointment made under subsection (2).

139. Resignation as President or Deputy President
(1) The President and Deputy President may, at any time, resign from their office by giving written notice of resignation to the Chief Executive.
(2) If the President or Deputy President resigns from office under this section, he or she continues to be a member of the Tribunal.

140. Vacancy in office of President or Deputy President
(1) The office of President or Deputy President becomes vacant if the President or Deputy President (as the case may be)—
(a) dies;
(b) ceases to be a judge of the Court of First Instance;
(c) is appointed to be a Justice of Appeal, or to a higher judicial office; or
(d) resigns his or her office under section 139.
(2) If the office of President or Deputy President has become vacant, the Chief Executive, acting in accordance with the recommendation of the Judicial Officers Recommendation Commission, is to appoint one of the members of the Tribunal to be the President or Deputy President (as the case requires).
(3) The President or Deputy President appointed under this section is to hold office for a term of at least 3 years, but not more than 5 years, as is stated in his or her letter of appointment, but is eligible for re-appointment.

141. Assessors
(1) In any proceedings under this Ordinance, the Tribunal may appoint one or more specially qualified assessors and may dispose of the proceedings, wholly or in part, with the assistance of such assessor or assessors, but the decision of the Tribunal is that of the members of Tribunal only.
(2) The Tribunal may determine the remuneration, if any, to be paid to an assessor appointed under this section, but no remuneration may be paid to an assessor who is a public officer.
(3) An assessor is not personally liable for anything done or omitted to be done by the assessor in good faith in the performance of his or her functions or purported performance of his or her functions under this Ordinance.

### Competition Ordinance 《競爭條例》

142. Jurisdiction of Tribunal
(1) The Tribunal has jurisdiction to hear and determine—
(a) applications made by the Commission with regard to alleged contraventions, or alleged involvements in contraventions, of the competition rules;
(b) applications for the review of reviewable determinations;
(c) private actions in respect of contraventions, or involvements in contraventions, of the conduct rules;
(d) allegations of contraventions, or involvements in contraventions, of the conduct rules raised as a defence;
(e) applications for the disposal of property;
(f) applications for the enforcement of commitments; and
(g) any matter related to a matter referred to in paragraph (a), (b), (c), (d), (e) or (f) if the matters arise out of the same or substantially the same facts.
(2) In the exercise of its jurisdiction, the Tribunal has the same jurisdiction to grant remedies and reliefs, equitable or legal, as the Court of First Instance.

143. Powers of Tribunal
(1) The Tribunal has, with respect to—
(a) the attendance, swearing and examination of witnesses;
(b) the production and inspection of documents;
(c) the enforcement of its orders; and
(d) all other matters necessary for the exercise of its jurisdiction,
all the powers, rights and privileges of the Court of First Instance. (Amended 15 of 2014 s. 3)
(2) Without limiting the scope of subsection (1), in proceedings before the Tribunal, the Tribunal may—
(a) receive and consider any evidence, whether by way of oral evidence, written statements, documents or otherwise, and whether or not it would otherwise be admissible in a court of law;
(b) determine the manner in which it will receive evidence referred to in paragraph (a);
(c) by notice in writing, signed by the presiding member of the Tribunal, summon any person—
(i) to produce any article or document that is relevant to the proceedings and is in that person’s possession or under that person’s control;
(ii) to appear before it and to give any evidence relevant to the proceedings; and
(d) exercise such other powers as may be necessary or ancillary to the conduct of any proceedings.