Page:Competition Ordinance (Cap. 619).pdf/74

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 * (c) identify the person to whom it is proposed to disclose the information; and
 * (d) state any other facts that the specified person considers relevant to the question of the proposed disclosure.

(3) A notice under this section must specify the period within which representations may be made about the proposed disclosure.

(4) The period specified for the purpose of subsection (3) must be a period of at least 30 days beginning after the day on which the notice is given.

128. Obligation of third party not to disclose confidential information

(1) A person, other than a specified person, who—
 * (a) has received confidential information from the Commission; or
 * (b) has otherwise, directly or indirectly, received such information from a specified person,

must not disclose that information to any other person or suffer or permit any other person to have access to that information.

(2) Subsection (1) does not apply to the disclosure of information where—
 * (a) the Commission has consented to the disclosure;
 * (b) the information has already been lawfully disclosed to the public on an earlier occasion;
 * (c) the disclosure is for the purpose of obtaining advice from counsel, a solicitor or other professional adviser, acting or proposing to act in a professional capacity in connection with any matter arising under this Ordinance;
 * (d) the disclosure is made in connection with any judicial proceedings arising under this Ordinance; or
 * (e) the disclosure is made in accordance with an order of the Tribunal or any other court or in accordance with a law or a requirement made by or under a law.

(3) A person who contravenes subsection (1) commits an offence and is liable—
 * (a) on conviction on indictment, to a fine of $1,000,000 and to imprisonment for 2 years; or
 * (b) on summary conviction, to a fine at level 6 and to imprisonment for 6 months.