Page:Competition Ordinance (Cap. 619).pdf/84

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152. Decisions of Tribunal

(1) A decision of the Tribunal must be recorded in writing.

(2) Where it is appropriate to give reasons for a decision, the decision may be made initially without giving reasons but, if this is done, the reasons must be recorded in writing.

153. Orders of Tribunal

An order made by the Tribunal must be recorded in writing.

154. Appeal to Court of Appeal

(1) Subject to subsection (2) and section 155, an appeal lies as of right to the Court of Appeal against any decision (including a decision as to the amount of any compensatory sanction or pecuniary penalty), determination or order of the Tribunal made under this Ordinance.

(2) An appeal does not lie—
 * (a) against an order of the Tribunal allowing an extension of time for appealing against a decision, determination or order of the Tribunal;
 * (b) against a decision, determination or order of the Tribunal if it is provided by any Ordinance or by the rules of the Tribunal made under section 158 that the decision, determination or order is final; or
 * (c) without the leave of the Court of Appeal or the Tribunal, against an order of the Tribunal made with the consent of the parties or relating only to costs that are left to the discretion of the Tribunal.

(3) Rules of the Tribunal made under section 158 may provide for decisions, determinations or orders of any prescribed description to be treated for any prescribed purpose connected with appeals to the Court of Appeal as final or interlocutory.

(4) An appeal does not lie against a decision of the Court of Appeal as to whether a decision, determination or order of the Tribunal is, for any purpose connected with an appeal to the Court, final or interlocutory.

(5) The Court of Appeal has jurisdiction to hear and determine an appeal under subsection (1) and may—
 * (a) confirm, set aside or vary the decision, determination or order of the Tribunal;
 * (b) where the decision, determination or order of the Tribunal is set aside, substitute any other decision, determination or order it considers appropriate; or