Page:Competition Ordinance (Cap. 619).pdf/83

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149. Findings of fact by Tribunal

(1) A finding of fact by the Tribunal, which is relevant to an issue arising in any other proceedings, either in the Tribunal or in the Court of First Instance, relating to a contravention of a conduct rule, is evidence of that fact in those proceedings if—
 * (a) the time for bringing an appeal in respect of the finding has expired and the relevant party has not brought such an appeal; or
 * (b) the final decision of a court on such appeal has confirmed the finding.

(2) In this section—

“relevant party” (有關一方) means—
 * (a) in relation to the first conduct rule, a party to the agreement which is the subject of the alleged contravention; and
 * (b) in relation to the second conduct rule, the undertaking whose conduct is alleged to have contravened the conduct rule or any other person involved in the contravention.

150. Findings of fact by Court of First Instance

(1) A finding of any fact by the Court of First Instance in any proceedings transferred to it by the Tribunal under section 114(3), which is relevant to an issue arising in any other proceedings, either in the Court or in the Tribunal, relating to a contravention, or involvement in a contravention, of a conduct rule, is evidence of that fact in those other proceedings if—
 * (a) the time for bringing an appeal in respect of the finding has expired and the relevant party has not brought such an appeal; or
 * (b) the final decision of a court on such appeal has confirmed the finding.

(2) In this section—

“relevant party” (有關一方) has the meaning given by section 149(2).

151. Order not to disclose material

(1) The Tribunal may order a person not to publish or otherwise disclose any material the Tribunal receives.

(2) A person who fails to comply with an order made under subsection (1) commits an offence and is liable to a fine at level 6 and to imprisonment for 6 months.