Page:Competition Ordinance (Cap. 619).pdf/92

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 * (b) if sent by facsimile transaction, on the day after the day on which it was transmitted; or
 * (c) if sent by electronic mail transmission, on the day after the day on which it was transmitted.

Division 3—Indemnities 168. Certain indemnities of officers, employees or agents void

(1) Subject to section 170, no person may indemnify another person who is or was an officer, employee or agent of an undertaking against liability for paying—
 * (a) a pecuniary penalty under Part 6; or
 * (b) costs incurred in defending an action in which that other person is—
 * (i) convicted of contempt of the Tribunal;
 * (ii) convicted of an offence under this Part or Part 3; or
 * (iii) ordered to pay a pecuniary penalty under Part 6.

(2) An indemnity given in contravention of subsection (1) is void.

(3) In this section—

“employee” (僱員), in relation to an undertaking, means a person engaged by the undertaking for the provision of services, whether under a contract of employment or otherwise;

“officer” (高級人員) means—
 * (a) in relation to an undertaking being a corporation, a director, manager or company secretary of the undertaking, and any other person involved in the management of the undertaking; and
 * (b) in relation to an undertaking not being a corporation, any member of the governing body of that undertaking.

169. Financial penalty for contravention of section 168

(1) If it appears to the Commission that a person has indemnified any other person in contravention of section 168, the Commission may apply to the Tribunal for an order imposing a financial penalty on that person.

(2) If the Tribunal is satisfied that a person has contravened section 168, it may make an order imposing a financial penalty on that person.