Page:Competition Ordinance (Cap. 619).pdf/37

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43. Statutory declaration regarding evidence

(1) The Commission may require a person giving any explanation, further particulars, answer or statement to the Commission under this Part to verify the truth of the explanation, particulars, answer or statement, by statutory declaration.

(2) For the purpose of subsection (1) any member of the Commission may administer an oath or affirmation.

(3) If a person fails to comply with a requirement made under this Part to give any explanation, further particulars, answer or statement to the Commission, the Commission may require that person to state, by statutory declaration, the reasons for the failure.

44. Immunity

(1) A person who gives evidence to the Commission under this Part and any counsel, solicitor, or other person who appears before the Commission under this Part has the same privileges and immunities as the person would have if the investigation were civil proceedings in the Court of First Instance.

(2) In subsection (1), the reference to the giving of evidence includes a reference to producing any document, making any statement, giving any information, explanation or further particulars and answering any question.

45. Self-incrimination

(1) A person is not excused—
 * (a) from giving any explanation or further particulars about a document; or
 * (b) from answering any question,

under this Division on the grounds that to do so might expose the person to proceedings referred to in subsection (3).

(2) No statement made by a person—
 * (a) in giving any explanation or further particulars about a document; or
 * (b) in answering any question,

under this Division is admissible against that person in proceedings referred to in subsection (3) unless, in the proceedings, evidence relating to the statement is adduced, or a question relating to it is asked, by that person or on that person’s behalf.

(3) The proceedings referred to in subsections (1) and (2) are—
 * (a) proceedings in which the Commission applies for an order for—
 * (i) a pecuniary penalty under section 93; or
 * (ii) a financial penalty under section 169; and