### Competition Ordinance 《競爭條例》

126. Disclosure with lawful authority
(1) Disclosure of confidential information is to be regarded as made with lawful authority if the disclosure is made—
(a) subject to section 127, with the required consent, as specified in subsection (2);
(b) subject to subsection (3), in the performance of any function of the Commission or in carrying into effect or doing anything authorized by this Ordinance;
(c) in accordance with an order of the Tribunal or any other court or in accordance with a law or a requirement made by or under a law;
(d) in connection with judicial proceedings arising under this Ordinance;
(e) for the purpose of obtaining advice from counsel, a solicitor or other professional adviser acting or proposing to act in a professional capacity in connection with any matter arising under this Ordinance;
(f) with a view to the bringing of, or otherwise for the purposes of, any criminal proceedings, or any investigation carried out under the laws of Hong Kong, in Hong Kong;
(g) with respect to information that has already been lawfully disclosed to the public on an earlier occasion; or
(h) by one competition authority to another.
(2) The consent required for the purposes of subsection (1)(a) is—
(a) if the information was obtained from a person who had the information lawfully and the Commission knows the identity of that person, the consent of that person;
(b) if the information relates to the affairs of a natural person, the consent of that person;
(c) if the information relates to the activities of an undertaking, the consent of that undertaking, and that consent may be given—
(i) if the undertaking is a company, by a director or company secretary of the company;
(ii) if the undertaking is a partnership, by a partner; or
(iii) if the undertaking is an unincorporated body (other than a partnership), by a person concerned in the management or control of the body.
(3) In deciding whether or not to disclose confidential information, where disclosure is lawful under subsection (1)(b), the specified person must consider and have regard to—
(a) the need to exclude as far as is practical, from such disclosure—
(i) information the disclosure of which would, in the opinion of the specified person, be contrary to public interest;
(ii) commercial information the disclosure of which would or might be likely to, in the opinion of the specified person, significantly harm the legitimate business interests of the person to whom it relates; and
(iii) information relating to the private affairs of a natural person, the disclosure of which might (in the opinion of the specified person) significantly harm the interest of that person; and
(b) the extent to which the disclosure is necessary for the purpose sought to be achieved by the disclosure.

### Competition Ordinance 《競爭條例》

127. Notice of proposed disclosure
(1) If the disclosure of confidential information is lawful by virtue of section 126(1)(a), a specified person must, before disclosing any such information—
(a) give notice of the proposed disclosure to—
(i) the person who provided the information to the Commission; and
(ii) any person who is, in the opinion of the specified person, likely to be affected by the disclosure; and
(b) consider any representations that are made about the proposed disclosure.
(2) A notice under subsection (1) must—
(a) give a description of the information (having due regard to the requirements of confidentiality) that the specified person proposes to disclose;
(b) state the reasons why the disclosure is proposed;
(c) identify the person to whom it is proposed to disclose the information; and
(d) state any other facts that the specified person considers relevant to the question of the proposed disclosure.
(3) A notice under this section must specify the period within which representations may be made about the proposed disclosure.
(4) The period specified for the purpose of subsection (3) must be a period of at least 30 days beginning after the day on which the notice is given.

128. Obligation of third party not to disclose confidential information
(1) A person, other than a specified person, who—
(a) has received confidential information from the Commission; or
(b) has otherwise, directly or indirectly, received such information from a specified person, 
must not disclose that information to any other person or suffer or permit any other person to have access to that information.
(2) Subsection (1) does not apply to the disclosure of information where—
(a) the Commission has consented to the disclosure;
(b) the information has already been lawfully disclosed to the public on an earlier occasion;
(c) the disclosure is for the purpose of obtaining advice from counsel, a solicitor or other professional adviser, acting or proposing to act in a professional capacity in connection with any matter arising under this Ordinance;
(d) the disclosure is made in connection with any judicial proceedings arising under this Ordinance; or
(e) the disclosure is made in accordance with an order of the Tribunal or any other court or in accordance with a law or a requirement made by or under a law.
(3) A person who contravenes subsection (1) commits an offence and is liable—
(a) on conviction on indictment, to a fine of $1,000,000 and to imprisonment for 2 years; or
(b) on summary conviction, to a fine at level 6 and to imprisonment for 6 months.

### Competition Ordinance 《競爭條例》

129. Establishment of Commission
(1) There is established, by virtue of this section, a body to be known as the “Competition Commission”. (Amended E.R. 4 of 2019)
(2) The Commission is a body corporate and may—
(a) acquire, hold and dispose of movable and immovable property;
(b) sue and be sued in its own name; and
(c) so far as is possible for a body corporate, exercise all the rights and powers, enjoy all the privileges and incur all the liabilities of a natural person of full age and capacity.
(3) Schedule 5 (which contains constitutional, administrative and financial provisions) has effect with respect to the Commission.

130. Functions of Commission
The Commission has the following functions—
(a) to investigate conduct that may contravene the competition rules and enforce the provisions of this Ordinance;
(b) to promote public understanding of the value of competition and how this Ordinance promotes competition;
(c) to promote the adoption by undertakings carrying on business in Hong Kong of appropriate internal controls and risk management systems, to ensure their compliance with this Ordinance;
(d) to advise the Government on competition matters in Hong Kong and outside Hong Kong;
(e) to conduct market studies into matters affecting competition in markets in Hong Kong; and
(f) to promote research into and the development of skills in relation to the legal, economic and policy aspects of competition law in Hong Kong.

131. Powers of Commission
(1) The Commission may do all such things as appear to it to be necessary, advantageous or expedient for it to do for, or in connection with, the performance of its functions.
(2) Without limiting the scope of subsection (1), the Commission may—
(a) make, give effect to, assign or accept the assignment of, vary or rescind any agreement;
(b) receive and spend money;
(c) with the approval of the Financial Secretary, borrow money;
(d) invest funds of the Commission that are not immediately required, in a manner approved by the Financial Secretary;
(e) with the approval of the Chief Executive, become a member or affiliate of any international body, whose functions or objects include the promotion of competition or competition law.

132. Commission not servant or agent of Government
The Commission is not a servant or agent of the Government and does not enjoy any status, immunity or privilege of the Government.