Page:Competition Ordinance (Cap. 619).pdf/63

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 * (d) in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company, for a specified period, not exceeding 5 years, beginning with the date of the order.

(3) In this section—

“specified” (指明) means specified in the disqualification order.

102. Circumstances in which disqualification order may be made

The Tribunal may only make a disqualification order against a person if both of the following conditions are satisfied in relation to that person—
 * (a) it has determined that a company of which the person is a director has contravened a competition rule; and
 * (b) it considers that the person’s conduct as a director makes the person unfit to be concerned in the management of a company.

103. Unfitness to be concerned in management of company

(1) For the purpose of deciding under section 102(b) whether a person is unfit to be concerned in the management of a company, the Tribunal—
 * (a) must have regard to whether subsection (2) applies to the person; and
 * (b) may have regard to the conduct of the person as the director of a company, in connection with any other contravention of a competition rule.

(2) This subsection applies to a person if as a director of the company—
 * (a) the person’s conduct contributed to the contravention of the competition rule;
 * (b) the conduct of the person did not contribute to the contravention, but the person had reasonable grounds to suspect that the conduct of the company constituted the contravention and took no steps to prevent it; or
 * (c) the person did not know but ought to have known that the conduct of the company constituted the contravention.

104. Applications for disqualification order and for leave under an order

(1) An application for a disqualification order may be made only by the Commission.