Page:Competition Ordinance (Cap. 619).pdf/31

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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.

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—