Page:Competition Ordinance (Cap. 619).pdf/79

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COMPETITION ORDINANCE
Ord. No. 14 of 2012
A1479

(2) If the office of President or Deputy President has become vacant, the Chief Executive, acting in accordance with the recommendation of the Judicial Officers Recommendation Commission, is to appoint one of the members of the Tribunal to be the President or Deputy President (as the case requires).

(3) The President or Deputy President appointed under this section is to hold office for a term of at least 3 years, but not more than 5 years, as is stated in his or her letter of appointment, but is eligible for re-appointment.

Subdivision 2—Assessors

141. Assessors

(1) In any proceedings under this Ordinance, the Tribunal may appoint one or more specially qualified assessors and may dispose of the proceedings, wholly or in part, with the assistance of such assessor or assessors, but the decision of the Tribunal is that of the members of Tribunal only.

(2) The Tribunal may determine the remuneration, if any, to be paid to an assessor appointed under this section, but no remuneration may be paid to an assessor who is a public officer.

(3) An assessor is not personally liable for anything done or omitted to be done by the assessor in good faith in the performance of his or her functions or purported performance of his or her functions under this Ordinance.

Division 2—Jurisdiction and Powers

142. Jurisdiction of Tribunal

(1) The Tribunal has jurisdiction to hear and determine—

(a) applications made by the Commission with regard to alleged contraventions, or alleged involvements in contraventions, of the competition rules;
(b) applications for the review of reviewable determinations;
(c) private actions in respect of contraventions, or involvements in contraventions, of the conduct rules;
(d) allegations of contraventions, or involvements in contraventions, of the conduct rules raised as a defence;
(e) applications for the disposal of property;
(f) applications for the enforcement of commitments; and