Page:Competition Ordinance (Cap. 619).pdf/143

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COMPETITION ORDINANCE—SCHEDULE 9
Ord. No. 14 of 2012
A1607
(a) the pre-amended Broadcasting (Miscellaneous Provisions) Ordinance; or
(b) the pre-amended Broadcasting Ordinance.

(2) Any conduct in relation to a licensee that—

(a) has taken place, or has in part taken place, before the commencement date; and
(b) but for the enactment of this Ordinance, would be regulated by section 13 or 14 of the pre-amended Broadcasting Ordinance,

may be investigated under the pre-amended Ordinance on or after the commencement date, and the provisions of that pre-amended Ordinance apply in relation to that investigation, as if this Ordinance had not been enacted.

(3) Any investigation initiated under the pre-amended Ordinance, before the commencement date, of any conduct in relation to a licensee that—

(a) has taken place, or has in part taken place, before the commencement date; and
(b) but for the enactment of this Ordinance, would be regulated by section 13 or 14 of the pre-amended Broadcasting Ordinance,

may be continued under the pre-amended Ordinance on or after the commencement date, and the provisions of that pre-amended Ordinance continue to apply in relation to that investigation, as if this Ordinance had not been enacted.

(4) If—

(a) but for the enactment of this Ordinance, a licensee may make an appeal to the Chief Executive in Council under section 34 of the pre-amended Broadcasting Ordinance; and
(b) the appeal relates to section 13 or 14 of that Ordinance,

the appeal may be made to and disposed of by the Chief Executive in Council under that Ordinance on or after the commencement date, and the provisions of that Ordinance apply in relation to that appeal, as if this Ordinance had not been enacted.

(5) If—

(a) an appeal made to the Chief Executive in Council under section 34 of the pre-amended Broadcasting Ordinance has not been finally determined before the commencement date; and
(b) the appeal relates to section 13 or 14 of that Ordinance,

the appeal may be continued and disposed of by the Chief Executive in Council under that Ordinance on or after the commencement date, and the provisions of that Ordinance continue to apply in relation to that appeal, as if this Ordinance had not been enacted.

(6) If—

(a) but for the enactment of this Ordinance, a person may bring an action under the pre-amended Broadcasting Ordinance; and
(b) the action relates to—