Page:Competition Ordinance (Cap. 619).pdf/69

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(3) Subsection (2) does not apply in relation to a decision of the Court of First Instance or the Tribunal until the period specified in subsection (4) has expired.

(4) The period mentioned in subsection (3) is—
 * (a) the period during which an appeal may be made to the Court of Appeal under section 154; and
 * (b) where an appeal has been made to the Court of Appeal, the period during which a further appeal may be made to the Court of Final Appeal,

and, where such an appeal or further appeal is made, the period specified in paragraph (a) or (b) includes the period before the appeal is determined.

120. Intervention by Commission

(1) This section applies to proceedings involving an alleged contravention, or alleged involvement in a contravention, of a conduct rule, before the specified Court or the Tribunal, that are brought by a person other than the Commission.

(2) The Commission may, with the leave of the specified Court or the Tribunal, and subject to any conditions imposed by the specified Court or the Tribunal, intervene in any such proceedings.

(3) An application for leave under this section must be made in the prescribed form and must be served by the Commission on each party to the proceedings.

(4) If the Commission intervenes in proceedings under this section, the Commission becomes, as from the date of the grant of leave, a party to the proceedings and has all the rights, duties and liabilities of a party to the proceedings.

(5) In this section—

“specified Court” (指明法院) means—
 * (a) the Court of Final Appeal;
 * (b) the Court of Appeal; or
 * (c) the Court of First Instance.

121. Commission may participate in proceedings

(1) The Commission may, with the leave of or at the invitation of the specified Court or the Tribunal (as the case requires), participate in proceedings before the specified Court or the Tribunal involving an alleged contravention, or alleged involvement in a contravention, of a conduct rule that have been brought by another person and, in particular may—
 * (a) make written submissions to the specified Court or the Tribunal; or