Page:Competition Ordinance (Cap. 619).pdf/68

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116. No further transfer of proceedings from Tribunal to Court of First Instance

If the Court of First Instance transfers any proceedings to the Tribunal under section 113(1), the Tribunal must not transfer back those proceedings to the Court.

117. Costs in transferred proceedings

(1) If the Court of First Instance makes an order transferring proceedings to the Tribunal under section 113, it may make an order for costs prior to the transfer and of the transfer.

(2) If the Tribunal makes an order transferring proceedings to the Court of First Instance under section 114, it may make an order for costs prior to the transfer and of the transfer.

118. Reference by Court of First Instance or Tribunal to Commission for investigation

(1) In any proceedings before the Court of First Instance or the Tribunal in which a contravention, or involvement in a contravention, of a conduct rule is alleged, the Court or the Tribunal may, either of its own motion or on application by a party to the proceedings, refer the alleged contravention or alleged involvement to the Commission for investigation under this Ordinance.

(2) Where the Court of First Instance or the Tribunal has referred an alleged contravention, or alleged involvement in a contravention, of a conduct rule to the Commission for investigation, it may stay the proceedings before it pending—
 * (a) in the case of a referral by the Tribunal, the completion of the Commission’s investigation; or
 * (b) in the case of a referral by the Court, the completion of the Commission’s investigation and any subsequent proceedings in the Tribunal brought as a result of the investigation.

119. Findings of contravention of conduct rules

(1) This section applies to proceedings under this Part before the Court of First Instance or the Tribunal in which a contravention, or involvement in a contravention, of a conduct rule is alleged in relation to a particular act.

(2) Subject to subsection (3), in such proceedings the Court of First Instance or the Tribunal (as the case requires) is bound by an earlier decision of the Court or Tribunal that the act in question is a contravention, or involvement in a contravention, of the conduct rule.