Page:Competition Ordinance (Cap. 619).pdf/17

3. Application to statutory bodies

(1) The following provisions do not apply to a statutory body—

(a) Part 2 (The conduct rules);

(b) Part 4 (Enforcement powers of Commission);

(c) Part 6 (Enforcement before Tribunal); and

(d) Schedule 7 (Mergers).

(2) Despite subsection (1), the provisions referred to in that subsection apply to—

(a) a specified statutory body; and

(b) a statutory body, to the extent that it is engaged in a specified activity.

(3) In this section—

(a) “specified” (指明) means specified in a regulation made for the purpose of this section by the Chief Executive in Council under section 5; and

(b) a reference to a statutory body includes an employee or agent of the statutory body, acting in that capacity.

4. Application to specified persons and persons engaged in specified activities

(1) The provisions referred to in section 3(1) do not apply to—

(a) a specified person; or

(b) a person, to the extent that the person is engaged in a specified activity.

(2) In this section—

(a) “specified” (指明) means specified in a regulation made for the purpose of this section by the Chief Executive in Council under section 5; and

(b) a reference to a person includes an employee or agent of the person, acting in that capacity.

5. Regulations

(1) The Chief Executive in Council may, by regulation—

(a) apply the provisions referred to in section 3(1) to—

(i) any statutory body; or

(ii) any statutory body, to the extent that it is engaged in an activity specified in the regulation; and

(b) disapply the provisions referred to in section 3(1) to—

(i) any person; or